1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.174/1998 (Sheopal Vs. Narendra Kumar ) Date of Judgment : 05-05-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.L.L.Gupta,for the appellants. Mr.Alok Garg, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of parents-appellant of deceased Ramkesh, aged 11 years for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Sawai Madhopur vide judgment dated 7.11.1997 whereby a sum of Rs.86,000/- was awarded by way of compensation for the death of deceased 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 awarded compensation in lower side and the appellants who are parents of the child deserves to be awarded compensation in view 2 of pronouncement of judgment of this court in Smt.Malti and 52 ors. Vs. N.K.Vasu and 52 ors. reported in 2008(1) WLC, 589 decided on the basis of ratio indicated by Hon'ble Supreme Court in New India Assurance Co. Ltd. Vs. Satender and ors. reported in 2007 (1) WLC (SC). The parents of the child in this case are agriculturists and the deceased child was the only ray of hope to take care of them for future life and even in old age. 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. He has relied upon the judgment of Ho'ble Apex Court reported in 2007(3) TAC 16(SC)-Kaushlya Devi Vs. Sh.Karan Arora and ors. and 2007 ACJ 2816- Oriental Insurance Co. Ltd. Vs. Syed Ibrahim and ors. It is further submitted that in the case of a child death, future of children has been held to be uncertain and in view of uncertainties in regard to their academic 3 pursuits, achievements in career and thereafter advancement in life are so may that nothing can be assumed with reasonable certainty and, as such, the amount awarded by the learned Tribunal is reasonable and does not call for any interference. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that deceased child was of 11 years of age in this case. The ratio indicated in the case of Kaushlya Devi (supra) and Syed Ibrahim (supra) is that in view of uncertainty of a child in regard to their academic pursuits, achievements in career and thereafter advancement in life are so many that nothing can be assumed with reasonable certainty and, as such, income of deceased is neither capable of assessment on estimated basis nor financial loss suffered by parents is capable of mathematical computation. Same view has been taken by Hon'ble Supreme Court in Satender's case (supra) and considering the ratio, the Hon'ble Supreme Court awarded sum of Rs.1,80,000/- for the death of a child of 9 years. In this regard, it may be seen that 4 for the parents of rural background, child is the only ray of hope for future help as the child engages himself in agriculture activities as soon as he attains majority and even before, and is a helping hand to the parents. Thus the ratio indicated by Hon'ble Supreme Court in Satender's case (supra), can be invoked so as to award adequate compensation. The coordinate Bench of this court in Smt.Malti's case (supra) has decided bunch cases on that basis by classifying the age groups of children and awarded compensation as per their age groups as under: (i)The claimants of the victim child in the age group upto 5 years shall be entitled to compensation to a sum of Rs.One lac. (ii)The claimants of victim child in the age group of 5 to 10 years shall be entitled to a sum of Rs.1,80,000/-. (iii)The claimants of the victim child in the age group of 10 to 15 years shall be entitled to compensation to a sum of Rs.2,25,000/-. Therefore, in this view of the matter, parents of the deceased-child, aged 11 years, deserves to be awarded Rs.2,25,000/- without any payment of any past interest minus Rs.86,000/- (already paid). 5 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.1,39,000/- by way of additional enhanced compensation. The amount shall be paid within three month. Thereafter interest @9% per annum shall be paid. The rest of the terms of award shall remain unchanged. Record be sent forthwith. No interest would be payable on the amount so alleged. (GUMAN SINGH),J. Sandeep/- item no.2