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[Cites 0, Cited by 4]

Supreme Court of India

Rajendra vs Bishamber Nath And Ors. on 2 January, 1996

Equivalent citations: 1999ACJ799, JT1998(9)SC240, 1999(I)OLR(SC)440, (1998)8SCC359, AIRONLINE 1996 SC 183, 1998 (8) SCC 359, 1999 ALL CJ 492.1, (1999) 3 TAC 195, (1999) 1 ORISSA LR 440.1, (1999) 1 ACJ 799, 1999 SCC (CRI) 187, (1999) 1 ORISSA LR 440, 1999 ALL CJ 1 492.1, (2006) 44 ALLINDCAS 297

Bench: N.P. Singh, S.C. Sen

ORDER

1. Leave granted.

2. The appellant who was then the student of Class VIII 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 one 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.