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BHAMA RAM v SAWAI SINGH & ORS. - CMA Case No. 860 of 2007  RD-RJ 1047 (23 February 2007)
S.B. CIVIL MISC. APPEAL NO.860/2007.
(Bhama Ram Vs. Sawai Singh & Ors.)
Date of Order :: 23rd February 2007.
HON'BLE MR. JUSTICE DINESH MAHESHWARI
Mr. K.L. Chouhan, for the appellants. ...
This appeal for enhancement has been submitted by the claimant-appellant against the common award dated 27.09.2005 made by the Motor Accidents Claims Tribunal (I),
Jodhpur insofar it relates to Claim Case No.21/2005 whereby the Tribunal has awarded compensation in the sum of
Rs.1,65,000/- on account of accidental death of about 5 years old son of the claimant, named Dana Ram and allegedly carrying alias of Suresh.
For quantification, the Tribunal has taken notional income of the deceased at Rs.15,000/- per annum; and with application of multiplier of 15 after deducting one-third on person expenditure; and while allowing Rs.10,000/- towards funeral expenses and Rs.5,000/- towards loss of services of the son, the Tribunal has made the award aforesaid in the sum of Rs.1,65,000/- and has also allowed interest @ 7.5% per annum from the date of filing of the claim application.
By the impugned award dated 27.09.2005, the
Tribunal has proceeded to decide 9 claim applications related with the same accident together; and it is noticed that Smt.
Licchu Devi, wife of the deceased, also perished in the same accident and a separate claim for compensation was made by the appellant Bhama Ram joining his daughters Kamla and
Kalmi and so also his sons Madan Lal and Suresh as claimants (Claim Case No.22/2005). Another claim application was made by the claimant Bhama Ram and his daughter Kalmi for compensation for the injuries sustained by the said daughter, Kumari Kalmi, about 7 years in age years
(Claim Case No.144/2005). In the aforesaid claim case
No.22/2005, the Tribunal has awarded compensation in the sum of Rs.3,61,400/- on account of accidental death of Smt.
Lichhu Devi and in Claim Case No.144/2005 has awarded compensation in the sum of Rs.4,000/- for one injury.
Learned counsel for the appellant seeking enhancement has referred to a decision of this Court in S.C.
Mittal & Ors. Vs. R.S.R.T.C. & Ors.: 2005 (5) RDD 1449 to submit that the award of compensation in such case of accidental death of the child has been allowed by this Court at
Rs.2,25,000/-. The submission is not well founded. The decision in S.C. Mittal's case (supra) does not lay down a rule of universal application that in every case of the death of a child, an amount of Rs.2,25,000/- is required to be awarded as minimum compensation. In the fact situation of the present case, the award of compensation in favour of father of the child at Rs.1,65,000/- together with interest @ 7.5% per annum cannot be said to be inadequate so as to warrant interference in appeal.
The appeal fails and is, therefore, dismissed summarily.
(DINESH MAHESHWARI), J. //Mohan//
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