Neutral Citation No. - 2025:AHC:79418 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 1701 of 2009 Appellant :- Arun Kumar And Another Respondent :- The Oriental Insurance Company Ltd. And Another Counsel for Appellant :- A.L. Jaiswal,Sharve Singh Counsel for Respondent :- Pradeep Kumar Sinha Hon'ble Vipin Chandra Dixit,J. 1. Heard learned counsel for the appellants and Sri P.K. Sinha, learned counsel for respondent no. 1. No one is present on behalf of respondent no. 2, who is owner of the offending vehicle. 2. This first appeal from order under Section 173 of the Motor Vehicle Act, 1988 has been filed on behalf of the claimants- appellants for enhancement of compensation against the judgment and award dated 27.01.2009 passed by Special Judge (SC/ST Act)/M.A.C.T., Allahabad in C.P. No.242 of 2001 (Arun Kumar and another vs. Girish Pandey and another), by which, compensation of Rs.1,02,000/- alongwith 6% interest has been awarded in favour of the claimants-appellants on account of death of Devbrat @ Manni Lal, aged about 13 years. 3. It is submitted by learned counsel for the appellants that compensation awarded by the Claims Tribunal is too meager. The age of the deceased was 13 years at the time of accident and he was a student of Class Vth. The Trubunal assessed the income of the deceased Rs. 15,000/- per annum, and applying mutiplier of 10, and awarded Rs. 1,02,000/-. It is further submitted that the Hon'ble Apex Court in the case of Meena Devi vs. Nanu Chand Mahto @ Nemchand Mahto & Ors., reported in 2022 (4) T.A.C. 371 (S.C.), has awarded Rs. 5,00,000-/ for death of a child aged about 12 years and the case of the claimants/appellants is squarely covered with the judgment of Hon'ble Apex Court. 4. On the other hand, learned counsel appearing on behalf of the Insurance Company submits that admittedly the deceased was minor having no income and the compensation awarded by the Claims Tribunal is just and proper and no ground for enhancement is made out. 5. Considering the submission of learned counsel for the parties and perused the record. Admittedly, the deceased was aged about 13 years and was student of Class-Vth. The case of the appellants is squarely covered with the judgment of Hon'ble Apex Court in the case of Meena Devi (supra) in which the Hon'ble Apex Court has awarded Rs. 5,00,000/- for the death of a child aged about 12 years. 6. In view of above, the first appeal from order is hereby allowed and the compensation awarded by the Claims Tribunal is enhanced from Rs. 1,02,000/- to 5,00,000/- . The claimants-appellants are also entitled for interest at the rate of 4% on the enhanced amount from the date of award of Claims Tribunal i.e. 27.01.2009. 7. The respondent No.1- The Oriental Insurance Company Ltd. is directed to pay enhanced amount as well as interest to the claimants within two months from today. Order Date :- 14.5.2025 Ruhi H. Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad