1 S.B.CIVIL MISC. APPEAL NO. 510/2004 (Sita Ram and ors. Vs. Kadu and ors.) Date of Judgment : 10-09-2008 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Ali Mohd. Khan, for the appellants. Mr.Rajneesh Gupta & Mrs.Sharda Pathak, for the respondents & Ins.Co. This appeal has been preferred by the claimant-appellants for enhancement of compensation awarded by learned Motor Accident Claims Tribunal, Bundi vide order dated 2.8.2003 whereby a sum of Rs.1,20,000/- was awarded by way of compensation for the death of a minor girl of 13 years in the accident. 2. The only challenge in the appeal pertains to the quantum of compensation. 3. Learned counsel for the appellant submits that the learned Tribunal has failed to award adequate compensation in the case of a child of 13 years. The learned counsel has further submitted that the Hon'ble Apex Court in Manju Devi and anr. Vs. Musafir Paswan and anr. reported in 2005(1) TAC 609 (SC), has awarded a 2 sum of Rs.2,25,000/- on account of death of a child of 13 years old. In this case the deceased is also 13 years' of age, therefore, compensation to the tune of RS.2,25,000/- should be awarded. 4. Per contra, the learned counsel appearing on behalf of the respondent-Insurance Company submitted that the learned Tribunal has considered the evidence adduced before it, and has awarded the adequate compensation, and thus the award of learned Tribunal calls for no interference. 5. A perusal of the evidence adduced during the enquiry, it is revealed that the deceased Mamta was a young girl of 13 years' at the time of accident and as per ratio indicated by Hon'ble Apex Court in the case of Manju Devi (supra) , a sum of Rs.2,25,000/- deserves to be awarded following the guidelines and second schedule to the M.V.Act treating her income Rs.15000/- p.a. Being a non-earing person. 6. Accordingly, appeal of the appellant is partly allowed and the amount of compensation 3 under the impugned award is enhanced from Rs.1,20,000/- to Rs.2,25,000/- from the date of appeal i.e. 9.3.2004, with 6% interest to be paid within three months, failing which the prevailing Bank interest shall be paid. (GUMAN SINGH),J. Srawat/- item no.76