Lalita Rawal vs Ramesh Chand And Others
2024 Latest Caselaw 19831 P&H

Punjab-Haryana High Court

Lalita Rawal vs Ramesh Chand And Others on 8 November, 2024

RAJ KUMAR
2024.11.22 18:00
I attest to the accuracy and
integrity of this
document/judgment
                                (O&M)


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RAJ KUMAR
2024.11.22 18:00
I attest to the accuracy and
integrity of this
document/judgment
                                (O&M)


                                       -3--




RAJ KUMAR
2024.11.22 18:00
I attest to the accuracy and
integrity of this
document/judgment
                                (O&M)


                                       -4--




RAJ KUMAR
2024.11.22 18:00
I attest to the accuracy and
integrity of this
document/judgment
                                     (O&M)


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                               "10. The relevant paragraphs of the jud
                                                                   judgment
                                                                       gment passed by
                               Hon'ble the Apex Court in Kusmi Devi (supra) are as
                               under:-
                                     "3. In respect of the death of a three years old child in
                                     the accident which occurred on 25.08.1994, the
                                     Motors Accidents Claims Tribunal (For short
                                     'MACT") through its Award dated 13.02.2015 had
                                     granted the compensation of Rs. 1,50,000/
                                                                     1,50,000/- with
                                     interest @ 9%
                                                 % per annum. The High Court through its
                                     judgment dated 13.12.2018 has enhanced it to a sum
                                     of Rs.5,00,000/- as a global compensation. 4. In a
                                     matter of the present nature where the regular
                                     parameters of determining the compensation cannot
                                     be considered due to the uncertainties in life of a child
                                     and as held by this Court, the lump sum compensation
                                     is   being   awarded.    Without    prejudice    to   the
                                     contentions all the parties and in the interest of
                                     justice, we deem it appropriate to grant a further sum
                                     of Rs.1,00,000/- as global enhancement which shall
                                     be deposited by the respondent No.2

No.2-Insurance Insurance

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Company before the MACT concerned within a period of three weeks from the date of receipt of a copy of this judgment, whereupon the amount shall be disbursed to the claiman claimant."

ANALYSIS OF THE JUDGMENT A bare reading of the judgment passed by Hon'ble the Supreme Court in Kusmi Devi (supra) shows that Hon'ble the High Court in a case of death of 3 years old child, enhanced the compensation granted by the Motor Accident Claim Claimss Tribunal to a sum of Rs.5 lakh as a global compensation. AND Hon'ble the Supreme Court further granted a sum of Rs. 1 lakh as a global enhancement. Meaning thereby Hon'ble Supreme Court held that the total global compensation for the death of a three yea yearr old child is Rs.6 lakh."

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