Rajendra Vs. Bishamber Nath and Others
EmailAppeal: Arising out of SLP (C ) No. 11322 of 1986
Petitioner: Rajendra
Respondent: Bishamber Nath and Others
Apeal: Arising out of SLP (C ) No. 11322 of 1986
Judges: N.P. SINGH & S.C. SEN, JJ.
Date of Judgment: Feb 01, 1996
Head Note:
MOTOR VEHICLES
Motor Vehicle Act, 1939
Sec. 110-B compensation – Student of Class VII, aged about 15 years – Serious injury. Held that compensation of Rs. 1 lac should be paid.
Motor Vehicle Act, 1939
Sec. 110-B compensation – Student of Class VII, aged about 15 years – Serious injury. Held that compensation of Rs. 1 lac should be paid.
JUDGEMENT:
ORDER
1. Leave granted.
2. The appellant who was then the student of Class VII and aged about 15 years, met with an accident by a truck. There is no dispute that he suffered serious injuries and one kidney had to be removed. The Motor Accidents Claims Tribunal, Dhar, awarded an amount of Rs 24,000 which was enhanced by the High Court to Rs 48,000. After hearing counsel for the parties, we are of the opinion that in the facts and circumstances of the present case, the High Court should have awarded an amount of Rs 1,00,000 (Rs one lakh) as compensation to the appellant. Accordingly, we allow this appeal and direct that an amount of Rs 1,00,000 (Rs on lakh) be paid to the appellant as compensation. The balance amount should be deposited within four weeks before the Motor Accidents Claims Tribunal, Dhar, M.P., in Claim Case No. 44 of 1980. The appellant shall withdraw the said balance amount. No costs.
1. Leave granted.
2. The appellant who was then the student of Class VII and aged about 15 years, met with an accident by a truck. There is no dispute that he suffered serious injuries and one kidney had to be removed. The Motor Accidents Claims Tribunal, Dhar, awarded an amount of Rs 24,000 which was enhanced by the High Court to Rs 48,000. After hearing counsel for the parties, we are of the opinion that in the facts and circumstances of the present case, the High Court should have awarded an amount of Rs 1,00,000 (Rs one lakh) as compensation to the appellant. Accordingly, we allow this appeal and direct that an amount of Rs 1,00,000 (Rs on lakh) be paid to the appellant as compensation. The balance amount should be deposited within four weeks before the Motor Accidents Claims Tribunal, Dhar, M.P., in Claim Case No. 44 of 1980. The appellant shall withdraw the said balance amount. No costs.
