FAO No.992 of 1992 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.992 of 1992 Date of Decision.16.11.2010 Nand Lal son of Shri Norata Ram and another ......Appellants Versus Shri Vijay Bansal and others ......Respondents Present: Mr. Ashok Gupta, Advocate for for the appellant. None for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? -.- K. KANNAN J.(ORAL) 1. The claimants, who were the parents of the deceased, a boy aged 14 years, are the appellants seeking for enhancement of the award. The Tribunal had awarded compensation under no fault liability finding that rash and negligence of the driver had not been established. 2. I would not dwell at length on this aspect, for according to me, the case involving a minor child shall not be decided only on whether there had been any negligence on the part of the driver, for it has to be always assumed that a child or minor was not at fault. I would not require any proof of negligence and in such instances, the compensation will have to be only arrived taking that there had been a negligence on the part of the driver of the vehicle that was admittedly involved in the accident. FAO No.992 of 1992 -2- 3. Since the accident took place in the year 1989, I would think the appropriate compensation at that time would have been Rs.1,50,000/- and the award of Rs.25,000/- only under no fault liability was inappropriate. The award will stand modified and enhanced to Rs.1,50,000/- and the difference over what has already been awarded by the Tribunal shall attract interest @ 6% from the date of petition till the date of payment. 4. The appeal is allowed to the above extent. (K. KANNAN) JUDGE November 16, 2010 Pankaj*