THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.1293 of 2003 Date: 19-8-2010 Between 1. T.Mahaboob Sab and another … Appellants/Petitioners and 1. T.Raghuramudu 2. The Oriental Insurance Company Limited, By its Divisional Manager, Anantapur … Respondents/Respondents 1 and 2 THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.1293 of 2003 Oral Judgment: Heard both sides. 2. This appeal is filed by the claimants, who are the parents of deceased T.Aslam Basha, aged 12 years, challenging the award and decree dated 05-12-2002 in O.P.No.397 of 1997 passed by the Chairman, Motor Accidents Claims Tribunal cum District Judge, Anantapur, in awarding a sum of Rs.64,000/- towards compensation to the petitioners as against the claim of Rs.1,00,000/- for the death of their deceased son in a motor vehicle accident that occurred on 12-5-1997 due to the rash and negligent driving on the part of driver of lorry bearing Nos.APD-6652, owned by respondent No.1 herein, seeking enhancement of compensation. 3. I have perused the award of the Tribunal. Having regard to the facts and circumstances of the case, I feel that the Tribunal had fixed the compensation without taking into account the realities. The boy aged about 12 years, who was studying VII Class, is undoubtedly expected to be a citizen in future, of course depending upon various other contingencies. 4. Though there is no strict formula for fixing the compensation for the death of a boy of 12 years, still, this Court has to fix the compensation with required amount of rationality as the expectations of the parents have been shattered by the death of the young boy. 5. Therefore, I deem it appropriate to increase the quantum of compensation to the extent of the claim made by the claimants. 6. Accordingly, the claim made by the claimants for a sum of Rs.1,00,000/- is accordingly allowed and the additional sum of Rs.36,000/- now granted in this appeal shall carry interest at the rate of 7% per annum from the date of filing of the petition till realization. 7. In the result, the appeal is allowed, to the extent indicated above, setting aside the award under appeal. Parties to bear respective costs. ________________________ JUSTICE D.S.R.VARMA 19th August, 2010. Ak THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Miscellaneous Appeal No.1293 of 2003 19th August, 2010. (Ak)