Neutral Citation No. - 2025:AHC:81538 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 2707 of 2003 Appellant :- Gyanendra Kumar And Another Respondent :- New India Assurance Co. Ltd. And Another Counsel for Appellant :- Sharve Singh,A.L. Jaiswal Counsel for Respondent :- Saurabh Srivastava Hon'ble Vipin Chandra Dixit,J. Heard Sri Sharve Singh, learned counsel for the appellants and Sri Saurabh Srivastava, learned counsel for the Insurance Company- respondent no.1. No one is present on behalf of respondent no 2 who is the owner of the offending truck. This first appeal from order has been filed under Section 173 of Motor Vehicle Act, 1988 on behalf of the claimants-appellants for enhancement of compensation against the judgment and award dated 18.08.2003 passed by Additional District Judge-Court No. 14/Motor Accident Claims Tribunal, Allahabad in M.A.C.P. No. 111 of 2000 (Gyanendra Kumar and another vs. Narain Das and another) by which compensation of Rs.1,50,000/- alongwith 7% interest has been awarded to the claimants on account of death of Km. Gudiya aged about 9 years, who died in a road accident occurred on 22.12.1999. It is submitted by learned counsel for the appellants that the Claims Tribunal has erred in awarding a very less amount of compensation in favour of claimants-appellants. The age of the deceased was 9 years at the time of accident. The Claims Tribunal without assessing the just compensation had awarded Rs. 1,50,000/- as lum sum compensation to the claimants-appellants who are parents of the deceased. Learned counsel for the appellant placed reliance on the judgment of Hon'ble Apex Court in the case of Meena Devi Vs. Nanu Chand Mahto @ Nemchand Mahto and others, reported in 2022 (4) T.A.C. 371 (S.C.) in which the Hon'ble Apex Court has enhanced the amount of compensation from Rs. 1,50,000/- to Rs. 5,00,000/-. On the other hand, Sri Saurabh Srivastava, learned counsel on behalf of respondent-Insurance Company submits that the claimants had failed to prove income of the deceased. Admittedly, the deceased was 9 years old having no income. The Claims Tribunal has awarded just compensation to the claimants- appellants. No ground for enhancement is made out. Considered the submissions of both the parties and perused the record. Admittedly, the deceased was minor aged about 9 years and the claimants-appellants are the parents of the deceased. The case of the claimants is squarely covered with the judgment of Hon 'ble Apex Court in the case of Meena Devi(supra). In view of the above, this first appeal from order is allowed. The compensation awarded by the Claims Tribunal is enhanced from Rs. 1,50,000/- to Rs. 5,00,000/-. The claimants-appellants are also entitled for 4% interest on the enhanced amount from the date of award of Claims Tribunal i.e. 18.08.2003. The respondent-Insurance Company is directed to deposit enhanced amount along with interest, within two months from today before the concerned Motor Accident Claims Tribunal. The claimants are entitled to withdraw the entire deposited amount without furnishing any surety. No order as to costs. Order Date :- 15.5.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad