1 S.B.CIVIL MISC. APPEAL NO. 313/1998 (Ramesh Chand and ors. Vs. Asfaq and ors.) Date of Judgment : 05/09/2008 HON'BLE MR.JUSTICE GUMAN SINGH Mr.R.S.Rathore, for the appellants. Mr.Satyendra Sharma & Mr.L.L.Gupta, for the respondents. This appeal has been preferred by the parents of the deceased Pawan Kumar, aged 20 years for enhancement of compensation awarded by learned Motor Accident Claims Tribunal, Sawai Madhopur vide order dated 11.12.1997 whereby a sum of Rs.1,46,720/- was awarded by way of compensation on account of death of boy in the accident. 2. The only challenge in the appeal pertains to the quantum of compensation. 3. Learned counsel for the appellant submits that the amount awarded for the death of boy of 20 years' is on lower side and the learned Tribunal has awarded only Rs.1,26,072/- in all while amount should have been awarded at least Rs.2,25,000/- to the boy of more than 13 years in view of ratio indicated by Hon'ble Supreme Court 2 in Manju Devi and anr. Vs. Musafir Paswan and anr. reported in 2005(1) TAC 609 (SC), wherein the Hon'ble Apex Court has awarded a sum of Rs.2,25,000/- on account of death of a child of more than 13 years old. In this case the deceased was 20 years' of age. The learned counsel also submits that in view of decision of Hon'ble Apex Court as also looking to the aforesaid circumstances, atleast minimum amount of Rs.2,25,000/- deserves to be awarded to the claimant-appellants. 4. Per contra, the learned counsel appearing on behalf of the respondent-Insurance Company submitted that the learned Tribunal has considered the evidence adduced before it, and has awarded the adequate compensation, and thus the award of learned Tribunal calls for no interference. 5. A perusal of the evidence adduced during the enquiry, it is revealed that the deceased Pawan Kumar was a young boy of 20 years', and he was survived by his old aged parents. He was unmarried and said to be working in a canteen and 3 earning Rs.5,000/- per month but no sufficient evidence has been adduced on that count and that he has attained majority only two years back. Therefore, the amount of compensation on account of death of a young boy deserves to be awarded at par to that of a child of age group between 10 to 18 in view of decision cited hereinabove. Thus the amount of compensation awarded deserves to be enhanced. 6. In view of above legal position and in the facts & circumstances of the case, I find it to be a fit case to enhance the compensation of Rs.1,46,720/- to Rs.2,25,000/-. 7. Accordingly, appeal of the appellant is partly allowed and the amount of compensation under the impugned award is enhanced from Rs.1,46,720/- to Rs.2,25,000/- from the date of appeal i.e. 16.3.1998, with 6% interest to be paid within three months, failing which the payment of the amount under the award shall further entail interest @9% p.a. (GUMAN SINGH),J. Srawat/- item no.16