IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL A.O. No. 890 of 2006 1. Ashok Madan S/o Sri Gyan Chand Madan 2. Smt. Asha Rani W/o Ashok Madan Both R/o Ward No. 5, Islam Nagar, Gadarpur, P.S. Gadarpur, District Udham Singh Nagar. ....... Appellants Versus 1. Sri Manoj Kumar S/o Sri Rakesh Kumar, R/o Galla Mandi, Bilaspur, District Rampur (U.P.) 2. The New India Insurance Company Ltd. through Regional Manager, Haldwani, District Nainital ........ Respondents ............ Mr. Sudhir Kumar Chaudhary, Advocate for the Appellants. Mr. M. K. Goyal, Advocate for respondent no. 2. Coram: Hon’ble V.K.Gupta, C.J. Hon’ble J.C.S. Rawat, J. V.K. GUPTA, C. J. (Oral) This is an appeal filed U/s 173 of the Motor Vehicles Act, 1988 against the judgment and Award dated 11.09.2006 passed by the Motor Accident Claims Tribunal/District Judge, Udam Singh Nagar at Rudrapur, whereby the learned Tribunal has awarded a total compensation of Rs. 52,000/- in favour of the appellants-claimants with interest @ 5% per annum. 2. The deceased at the time of his death was a student of Class IX and was aged about 15 years. The appellants-claimants are the father and mother respectively of the deceased. 3. The learned counsel for the respondent Insurance Company has argued very vehemently that the compensation awarded by the Tribunal was quite reasonable and this Court should not increase the compensation amount. In support of his contention, he has placed reliance upon the judgment of the Supreme Court in the case of Kaushlya Devi Vs. Karan Arora and others reported in AIR 2007 SC 1912. 2 4. After hearing the detailed arguments of learned counsel for the parties and upon perusal of the record of the Tribunal and keeping in view the fact that the deceased was aged about 15 years and was studying in class IX and had a promissing career and also the fact that because of his untimely demise, the appellants-claimants have suffered loss, in our considered opinion, the compensation quantified by the learned Tribunal at Rs. 50,000/- (excluding Rs. 2000/- for funeral expenses) is on the lower side. We think that in the facts and circumstances of the case, the compensation should be assessed and quantified at Rs. 1,50,000/- (One Lakh Fifty Thousands only) inclusive of the funeral expenses. 5. We also feel that the interest liability having been fixed @ 5% per annum also on the lower side should be increased @ 7% per annum. 6. Based on the aforesaid observation, this appeal is allowed. The compensation amount is enhanced as indicated hereinabove. The increased compensation amount along with interest liability quantified thereupon shall be deposited by the respondent insurer before the learned Tribunal within two months from today. If this is not done, the interest on the increased compensation amount shall be calculated at the rate of 12% per annum from today till the amount is actually paid. (J.C.S. Rawat, J.) (V.K. Gupta, C. J.) 13.02.2008 13.02.2008 A