Compensation for death of a minor child enhanced to five lakh rupees per Kishan Gopal precedent.

The appellants are the parents of Ku. Urvashi, a three-year-old child who died in a road accident on 09.01.2015

Following the accident, the Motor Accidents Claims Tribunal awarded a total compensation of Rs. 2,50,000 via an award dated 25.07.2016

The appellants, who are illiterate residents of a remote village in the Janjgir-Champa district, failed to file a timely appeal, resulting in a delay of 1206 days

They subsequently filed an appeal under Section 173(2) of the Motor Vehicle Act, 1988, seeking enhancement of the compensation

1. Whether the delay of 1206 days in filing the appeal should be condoned based on the appellants' socio-economic circumstances

2. Whether the compensation of Rs. 2,50,000 awarded for the death of a three-year-old child is just and proper in light of established precedents

Section 173(2) of the Motor Vehicle Act, 1988, which governs the filing of appeals against Tribunal awards

legal precedent established by the Supreme Court in Kishan Gopal v. Lala (2014) 1 SCC 244, which provides a benchmark for awarding compensation in cases involving the death of a minor child

sufficient cause while applying the principle of equity by withholding interest for the period of delay

The Court first addressed the delay of 1206 days. It held that the appellants' illiteracy and residence in a remote area constituted sufficient reason for the delay, as they were unaware of the legal remedies for seeking enhancement

To ensure the respondent-Insurance Company was not unfairly prejudiced, the Court condoned the delay but stipulated that no interest would be payable on any enhanced amount for the 1206-day period

On the merits of the compensation, the Court examined the age of the deceased (three years) and the date of the accident (2015)

Applying the ratio of Kishan Gopal, the Court found that the Tribunal's award of Rs. 2,50,000 was inadequate and that a sum of Rs. 5,00,000 was appropriate for the death of a minor child under these circumstances

The delay of 1206 days was condoned

The compensation was enhanced by an additional Rs. 2,50,000, bringing the total award to Rs. 5,00,000

The respondent was directed to deposit the enhanced amount within 45 days, carrying interest at 8% per annum from the date of the claim application, excluding the period of delay

All other conditions of the original award remained intact