1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.317/2006 (Smt.Reena Vs. Bhoop Singh ) Date of Judgment : 18.3.2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.J.P.Gupta,for the appellants. Mr.S.R.Joshi, for the respondents. Both the parties agreed to final disposal of this appeal at admission stage. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of claimant-appellant Reena against the judgment & Award passed by the learned Motor Accident Claims Tribunal & Addl. District & Sessions Judge (Fast Track No.1), Bharatpur dated 29.9.05 whereby the sum of Rs.1,60,000/- was awarded on account of death of child Anshul in the accident while Rs.1,50,000/- was awarded for the death of Kumari Aashi in the accident. 3. The only challenge in the appeal pertains to quantum of compensation. 4. Learned counsel for the appellant submits that the learned Tribunal has failed 2 to award adequate compensation and the compensation awarded on account of death of two children deserves to be enhanced. It is also submitted that deceased Anshul was 5 years of age at the time of accident and, therefore, he falls in the category of age group between 5-10 years and compensation deserves to be awarded to the extent of Rs.1,80,000/- instead of RS.1,60,000/- as per Division Bench judgment of this court reported in 2008(1) MACD,105 (Smt.Malti and ors. Vs. M.K.Vasu and ors.) 4. 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. It is further submitted that as per judgment relied upon by the learned counsel for the appellant, the amount of compensation for deceased Aashi, aged 1 ½ years should have been Rs.1,00,000/- while the learned Tribunal has already awarded Rs.1,50,000/-. As regards the death of deceased Anshul, aged 5 years, 3 it is submitted that child does not fall in the category of 5-10 years but falls in the category of 1-5 years and for that, amount of compensation fixed by the Coordinate Bench of this court is Rs.1,00,000/- and there is no scope of enhancement of compensation. He has also relied upon the judgments reported in 2007 ACJ 1151 (Panchu Ram and ors. Vs. Mangilal and ors.); 2007 ACJ 1870 (Kaushlya Devi Vs. Karan Arora and ors.); 2007 ACJ 2816 (Oriental Insurance Co. Vs. Syed Ibrahim and ors.); 2007 ACJ 2175 (National Insurance Co. Vs. Abhay Singh Yadav and ors.) etc. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the learned Tribunal has awarded Rs.1,60,000/- for the death of deceased Anshul, aged 5 years while Rs.1,50,000/- for the death of deceased Aashi, aged 1 ½ years and as per decision in Smt.Malti and ors. (supra) relied upon by the learned counsel for the appellant, the amount awarded does not call for any interference in view of age group to which these children belonged. Thus there is no 4 scope for enhancement of amount as submitted by the counsel for respondent. Hence the appeal deserves to be dismissed. 6. Accordingly, the appeal stands dismissed. No order as to costs. (GUMAN SINGH),J. Sandeep/- item no.55