1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR J U D G M E N T S.B. Civil Miscellaneous Appeal No.344 of 2000. Ram Ratan Meena son of Shri Narain Meena & Another VERSUS Jai Shankar and Others Date of Judgment :::: 24/04/2009. Hon'ble Mr. Justice Bhanwaroo Khan Mr. Sandeep Mathur, Counsel for Claimant/Appellants. Mr. Prashant Sharma, on behalf of Mr. Alok Sharma, Counsel for the Respondents By the Court : This miscellaneous appeal, under Section 173 of the Motor Vehicles Act, 1988, has been preferred by the claimant-appellants for enhancement of the award passed by the Motor Accident Claims Tribunal, Jaipur District Jaipur dated 12.11.1999, wherein the amount of Rs.40,000/- as compensation has been passed in favour of the claimant-appellants. It is a case of child death having age of 12- years, who on 15.06.1986 while returning from a 2 marriage party was strucked by Truck No.R.S.L.1181, being driven by the respondent No.1. The child viz., Sikandar died on the spot. A claim petition was preferred in which compensation of Rs.40,000/- was awarded, against which this appeal for enhancement has been preferred. Heard learned counsel for the parties and perused the impugned award as well as record of the learned Tribunal. Learned counsel for the claimant-appellants argued that for the child death a Co-ordinate Bench of this Court in the case of Smt. Malti and 52 others Vs. M.K. Vasu and 52 Others, reported in W.L.C. 2008 (1) Page 589 has decided the principles on the basis of the judgments delivered by the Hon'ble Apex Court for awarding compensation to the child, which reads 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/-. 3 As per above cited judgment, it is borne out that the claimants of the victim child in the age group of 10-15 years shall be entitled to receive compensation amounting to Rs.2,25,000/-. In the instant case, the age of the deceased child alleged to have been 12-years and as per the above cited judgment, he comes within the age group of 10-15 years, so the compensation, for which the claimants are entitled, as per cited judgment would come out to Rs.2,25,000/-. To this extent, the appeal succeeds and the same deserves to be allowed. The learned Tribunal while deciding the award of compensation has not assigned any reasons for fixing this amount of Rs.40,000/- as compensation. Consequently, on the basis of the aforesaid judgment, the appeal is partly allowed. The amount of compensation is enhanced from Rs.40,000/- to Rs.2,25,000/-. The claimant-appellants shall be entitled for interest on the awarded amount @ 9% per annum from the date of institution of the claim petition. The amount whatever deposited or given to the claimant- appellants will be adjusted in the total amount of award and the interest will be paid on the due amount. (Bhanwaroo Khan) J. ashok/ 4