Smt. Neelam Makhija And Anr. vs Sh. Lumber Singh And Anr.
2004 Latest Caselaw 1238 Del

JUDGMENT

R.S. Sodhi, J.

CM.642/2003:

1. Delay condoned. Application disposed of.

2. FAO 298/2003:

FAO 298/2003 is directed against the judgment dated 26.11.2002 of the Motor Accident Claims Tribunal in Suit No.608/96 whereby the Tribunal has awarded a sum of Rs.1,70,000/- on account of death of Baby Shalokha who died in the accident on 18.2.1996.

3. Brief facts of the case as noted by the Motor Accident Claims Tribunal are as follows:-

''As per averments in claim petition of Suit No.608/96 jointly filed by Neelam Makhija and Ravinder Makhija on 18.2.1996, at about 12 noon, Shri Ravinder Makhija was driving a two wheeler scooter No.DL-IS-A-2118. Smt.Neelam Makhija was seated on its pill on seat and their only child, Baby Shalokha, who at that time was 2 + years old was sitting in her lap. They were going from their residence towards Connaught Place. When they reached at the round about of Link Road - Punchkuian Road, opposite Cremation Ground, a bus No.RJ-02 P-0525 whivh was being driven by its driver in a rash and negligent manner came from behind and hit the rear of the scooter. As a result, Smt.Neelam Makhija and their little daughter were thrown on the road, while Shri Ravinder Mkhija along with their scooter was dragged by the front of the bus for some distance till it stopped. Their child Baby Shalokha sustained such injuries that she died at the spot.''

4. It is contended by counsel for the appellant that the Tribunal has awarded a sum of Rs.15,000/- by way of funeral expenses, loss of love and affection as well as pain and suffering. The aforesaid amount is much too less since Shalokha was the only child of the family and even till date the mother has not been able to conceive.

5. Counsel for the respondent on the other hand contends that the Tribunal has been more than fair and just in awarding a sum of Rs.15,000/- since the child of the family was 21/2 years of age.

6. I have heard counsel for the parties and perused the order under challenge, as also gone through the material on record. It appears to me that the Tribunal while awarding compensation under the Head - Funeral Expenses, Loss of Love and Affection as also Pain and Suffering has awarded much too meagre an amount in the facts and circumstances of this case. I, therefore, deem it appropriate to award an additional sum of Rs.45,000/- in respect to the same. The additional amount shall be deposited by respondent no.2, within eight weeks from today, failing which the same shall carry an interest of 9% with effect from the date of filing of the petition till realization of the amount. The order under challenge stands modified to this extent.

7. With the above modification FAO 298/2003 is disposed of.