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Facts of the Case:

The 10-year-old girl died in a traffic accident, and an appeal was filed against a judgment that partially granted a claim petition for compensation. The tractor’s careless and reckless driving was the cause of the collision. The appellate court raised the amount given by the tribunal from Rs. 2,25,000 to Rs. 5,00,000 plus 6% annual interest.

Legal Provisions

This case includes an appeal against a decision and award made by the Motor Claims Tribunal, submitted in accordance with Section 173(1) of the Motor Vehicles Act 1988. The legislative provisions that are relevant to this case deal with how compensation for the death of a minor in a traffic accident is determined, following the guidelines set forth by the Motor Vehicles Act and appropriate judicial decisions.

Issues

The issues is whether the claimants were able to show the details of the event that resulted in the little girl’s death, whether they were entitled to compensation, and how much money would be fair in light of applicable precedents and legal guidelines.

Court’s analysis and decision

The court carefully reviewed the facts and heard arguments from both sides. It was noted that there is a well-established legal framework pertaining to compensation for the death of a youngster in a traffic accident. It upheld the plaintiffs’ position, citing prior decisions, and declared that the tribunal’s award of compensation was insufficient. As a result, the court granted the appeal, raising the award to Rs. 5,00,000 plus 6% annual interest from the petition’s filing date to its realization.

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 Written by- Aastha Ganesh Tiwari

click to read the judgment