1 S.B. CIVIL MISC. APPEAL NO.1407/2004 KANA RAM & Anr V/s SHISHPAL & Ors. DATE OF ORDER :- MAY 09, 2008 HON'BLE MR. JUSTICE GUMAN SINGH Shri Sandeep Mathur, for the appellants. Shri Ram Singh Bhati, for United India Insurance Company Ltd. 1. The case has come up for admission. Counsel of 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 parents of deceased child Vinod aged 1½ years old who died in the accident, for enhancement of claim against the award dated May 07, 2004, of the learned Motor Accident Claims Tribunal (Additional District & Sessions Judge (Fast Track) No.3, Jaipur District, Jaipur (for short 'the Tribunal'), in Claim Petition No. 152/2004, whereby a sum of Rs.70,000/- has been awarded as compensation to the claimants-appellants. 2 4. Learned counsel for the claimants appellants submitted that deceased child Vinod was 1½ years old and a co-ordinate Bench of this Court in Smt. Malti & 52 Others v/s M.K. Vasu and 52 Others (2008 (1) WLC (Raj.) 589) has taken a view after considering the authorities of the Apex Court that the child of the age group of 1 to 5 years should be awarded Rs.1,00,000/- and hence the amount of compensation deserves to be enhanced to Rs.1,00,0000/-. 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. 6. In view of the submissions advanced and on going through the award as well as the record of the case, it is revealed that the deceased child was 1½ years of age and the co-ordinate Bench of this Court after taking into consideration the judgment of the Apex Court rendered in New India Assurance co. Ltd. v/s Satender and Ors reported in 2007 (1) WLC (SC) 3 Civil 196, has taken a view that the child upto the age of 5 years required to be awarded Rs.1,00,000/-. 7. In view of the above legal position, there is no scope to take different view and the award amount deserves to be enhanced by 1,00,000/-. 8. Accordingly, the impugned award is modified and the amount of compensation is enhanced from Rs.70,000/- to Rs.1,00,000/-, with interest at the rate of 6% from the date of appeal i.e. 27.7.2004 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/-