KHAZAN SINGH Vs. BASHEER AHMED

JUDGEMENT

(1.) Appellants, the unfortunate parents, of deceased child Raj Kumar have come in appeal praying for enhancement of compensation awarded by learned MACT in Suit No.154/87 decided on 7.4.1997. The Tribunal had awarded a compensation of Rs. 83100.00 with interest. @ 12 per cent per annum to the appellants on account of death of deceased who was aged about 14 years at the time of his death in the accident, on 13.11.1983.

(2.) I have heard learned counsel for the appellants and learned counsel for respondent No.3. I have gone through the Trial Court Records.

(3.) The facts relevant for the disposal of this appeal, briefly shaded, are that deceased Raj Kumar a child aged about 14 years had met with an accident with Truck No.DLG-216 on 13.11.1983 and sustained fatal injuries. The appellants who are the father and mother of the deceased filed a claim petition alleging that the accident in question was on account of rash and negligent driving on the part of respondent No.1. The respondent No.2 was alleged to be the owner and respondent No.3 the insurer of the offending Truck. The appellants averred that at the time of his death the deceased-child was serving as a Grease man and earning about Rs.600/- per month. They claimed a compensation of Rs.31,00,000/- with interest @ 18% per annum. In the course of proceedings, the respondent No.2 died and his name was deleted from the array of the respondents. Respondent No.1 and 3 absented and as such, were proceeded against ex-parte.