IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 4459 of 2003 Date of decision: 1st December, 2008 Ramesh Chand … Appellant Versus Girwari and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: None for the appellant. Mr. Pardeep Bedi, Advocate along with Mr. S.P. Sharma, Dy. Manager (Legal), Oriental Insurance Company Ltd. for respondent No.3. KANWALJIT SINGH AHLUWALIA, J. (ORAL) In the present case, Ramesh Chand had filed claim petition before the Motor Accident Claims Tribunal, Rewari. On 27th June, 2001 at about 6.30 p.m. when six years old child Harsh Wardhan was coming to his house, he was crushed under a TATA 407 four-wheeler bearing registration No.DL-IL-B/0313, which was being driven by Girwari son of Subha Chand. Vehicle was insured with the Oriental Insurance Company Ltd., respondent No.3. The child succumbed to the fatal injuries at the spot as the vehicle was driven in a rash and negligent manner. Ramesh Chand father appeared and stated that his son was a 1st class student and was studying in Sikha Deep Public School, New Dehli. The Tribunal held that the accident took place due to rash and negligent driving of the offending FAO No.4459 of 2003 vehicle, which was being driven by respondent No.1 Girwari and the child was crushed under the right wheel. While assessing the amount of compensation, it was held that the child as per the postmortem report, his age was six years. Claimant had spent Rs.10,000/- on the last rites and funeral ceremony and a total amount of Rs.75,000/- in all was awarded as compensation. I am of the view that compensation awarded was very less as the child had to grow in future and has to earn and take care of his parents in the old age. Before the amount could be assessed, Mr.Pardeep Bedi appearing for the Oriental Insurance Company Ltd., who is assisted by Mr.S.P. Sharma, Dy. Manager (Legal), has stated that in the present case, over and above the amount already awarded along with interest, in case Rs.1.00 lac more is awarded in favour of the claimant that will be just and adequate. Since the Insurance Company has made an offer of depositing Rs.1.00 lac more, I feel that since the child was only 6 years old, Rs.1.00 lac as a lumpsum amount, over and above the amount already paid along with interest, ought to have been given to the parents of the deceased child. Therefore, the present appeal is accepted and it is ordered that Rs.1.00 lac more shall be paid to the claimant. [KANWALJIT SINGH AHLUWALIA] JUDGE December 1, 2008 rps 2