1 S.B. CIVIL MISC. APPEAL NO.1095/2004 KAJOD & OTHERS V/s BHAIRU LAL & Ors. DATE OF ORDER :- MAY 7,2008, HON'BLE MR. JUSTICE GUMAN SINGH Shri Sandeep Mathur, for appellants. Smt. Archana Mantri, for New India Assurance Company Ltd. 1. The case has come up for admission. Both the parties agree to dispose of the case at admission stage. 2. Heard learned counsel for the parties and perused the entire record of the miscellaneous appeal. 3. This civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988, has been filed by claimants for the death of Dinesh aged 13 years at the time of accident, for enhancement of claim against the award dated March 18, 2004, of the learned Additional District Judge (Fast Track No.2), Tonk - (Motor Accident Claims Tribunal, Tonk), in Claim Petition No. 170/2004, whereby a sum of Rs.1,48,000 has been awarded as compensation to the claimants-appellants. 4. Learned counsel for the claimants appellants submitted that matter pertains 2 to the death of a child and this matter is squarely covered by the judgment of a co- ordinate Bench of this High Court reported in 2008(1) WLC (Raj.) 589 , Smt. Malti & 52 Others v/s M.K.Vasu and 52 Others. For the death of a child of 10 to 15 years, the compensation of Rs.2,25,000/- has been awarded. 5. Per contra, learned counsel for the Insurance Company, supported the award of the learned Tribunal on the ground that the finding of the learned Tribunal is correct and based on evidence and the record and as such this is not a case for interference by this Court but conceded that the co-ordinate Bench of this High Court has classified the children who became victim of accident from their age and has accordingly awarded the compensation in the aforesaid judgment. 6. In view of the submissions advanced and on going through the award, the record of the case as also the fact that the co-ordinate Bench of this High Court has classified the category of the children for compensation as under : 3 “With regard to compensation for the victim non-earning children, the Apex Court has extensively dealt with these aspects in case title New India Assurance Co. Ltd. Vs. Satender and Ors (Supra). Therefore, these appeals are disposed of holding the claimants entitled to the following compensation. (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/-” 7. Hon'ble Apex Court in U.P. State Road Transport Corporation Vs. Trilok Chandra (1996 ACJ 831) held that as set out in the Second Schedule to the Motor Vehicle Act, 1988, for a boy of 13 years of age, a multiplier of 15 would have to be applied. As per the Second Schedule, he being a non-earning person, a sum of Rs.15,000/- must be taken as the income. Thus, the compensation comes to Rs.2,25,000/-. Thus, there is no reason to differ the view taken by the leaned co- ordinate Bench and in the facts and 4 circumstances of the case, the matter needs to be decided accordingly and the compensation deserves to be enhanced from from Rs.1,48,000/- to Rs.2,25,000/-. 8. Accordingly, the impugned award is modified and the amount of compensation is enhanced from Rs.1.48,000/- to Rs.2.25,000/-, with interest at the rate of 6% from the date of appeal i.e. 5.7.2004 and the same shall be payable within three months from the date of this order, failing which, the amount shall entail interest at the rate of 9% p.a. 9. The appeal stands disposed of. (Guman Singh),J. Chauhan/-