pleadings, the deceased was said to be 16 years of age, however, learned Tribunal found the age of the deceased to be 13 years in the light of mark sheet. Therefore, the finding with regard to age of the deceased as 13 years is affirmed. In the light of the judgment of Hon’ble Supreme Court in the case of Kishan Gopal and anr. Vs. Lala and ors., reported in (2014) 1 SCC 244 , this Court is inclined to grant compensation of Rs.5 lakh with 6% interest to the appellants / claimants from the date of claim application. After subtracting Rs.3,45,000/- as awarded by learned Tribunal, the enhance amount of compensation comes to Rs.1,55,000/-. Admittedly, since the deceased is a 3rd party, in view of judgment of National Insurance Company Ltd. Vs. Swaran Singh and Ors. reported in AIR 2004 SC 1531 , this Court is inclined to pass an order of pay and recover. The insurance company shall first pay the entire amount of compensation and then recover the same from respondent No.2 / owner of the offending vehicle. It is also directed that in the event, application for execution for recovery of the amount is filed, learned Tribunal shall make all endeavor that it leads to a logical conclusion.
