VIRODHAN Vs. POONAM PRASAD JAISWAL

JUDGEMENT

(1.) BY the instant appeal, preferred under Section 173 of the Motor Vehicles Act, 1988 (henceforth "the Act, 1988"), the appellants/claimants seek enhancement of the amount of compensation in award dated 10-3-2004 by the 1st Additional Motor Accident Claims Tribunal, Surajpur, in Claim Case No. 261/02 whereby the learned Claims Tribunal has awarded compensation of Rs. 60,000/- in favour of the appellants/claimants.

(2.) THE appellants/claimants filed a claim petition under Section 166 of the Act, 1988 claiming compensation of Rs. 7,80,000/- for the death of Vikki @ Gautam, aged about 7 years in a motor accident, which took place on 2-9-2002. Appellant No. 1-Virodhan @ Chhannu is the father and appellant No. 2-Tiharo is the mother of deceased Vikki @ Gautam. The deceased was the student of Class II. He was returning from his school when he reached near Ajirma Raghavpuri School, a Jeep bearing registration No. CG 15-A/0998 being driven by respondent No. 2 rashly and negligently dashed the deceased. The deceased sustained grievous injuries in the accident and succumbed those injuries. The incident was reported in Police Station. Jainagar. Respondent No. 1 is the owner and respondent No. 3 is the insurer of the offending vehicle.

(3.) SHRI Atanu Ghosh, learned Counsel for the appellants/claimants, argued that the compensation awarded by the learned Claims Tribunal is on a lower side, therefore, the amount of compensation deserves to be enhanced suitably.