1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.541/2000 (Smt.Javitri Devi Vs. The Manager Director RSRTC) Date of Judgment : 07-07-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Tripurari Sharma,for the appellants. Mr.Anirudh Singh for Mr.Virendra Agrawal, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of dependents of deceased-child Dal Chand, aged 12 years for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal,Deeg vide judgment dated 6.9.1999 whereby a sum of Rs.90,000/- was awarded by way of compensation for the death of deceased-child in the accident. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellant submits that the learned Tribunal has failed to award adequate compensation and same deserves to be awarded in view of decision of co-ordinate bench of this court 2 in Smt.Malti & 52 ors. Vs. M.K.Vasu [2008(1) WLC (Raj.) 589, which was decided in view of ratio indicated by Hon'ble Apex Court in New India Assurance Co. Ltd. Vs. Satendra & ors. [2007(1) WLC (SC) Civil 196 whereby a sum of Rs.2,25,000/- has been awarded to a deceased-child falling in the age group of 10-15 years. 5. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. 6. After hearing rival contentions, and going through the award as also record of the case, it is revealed that the deceased- child was 12 years of age at the time of death and he has been awarded Rs.90,000/- while the co-ordinate bench of this court in Malti's case (supra) has considered this aspect after following the ratio indicated by of Hon'ble Apex court in Satendra's case (supra) whereby victim children has been 3 classified in three groups for the purpose of amount of compensation to be awarded and victim child of age group of 10-15 years is entitled to Rs.2,25,000/-. Thus the amount of compensation can be calculated as under: 2,25,000-90,000(already awarded)=1,35,000/- (to be additionally awarded) 7. Accordingly, appeal of the appellants is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellants shall get a sum of Rs.1,35,000/- by way of additional enhanced compensation within three months. If the enhanced amount is not paid within three months, the interest shall be paid @9% per annum. The rest of the terms of award shall remain unchanged. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.22