SMT. SOMSHRI JAIN AND ANR. Vs. MOTOR ACCIDENT CLAIMS TRIBUNAL/ADDL. DISTRICT JUDGE/7TH FAST TRACK COURT AND ORS.

JUDGEMENT

(1.) The unfortunate parents of deceased Chirag Jain are the Appellants in this appeal filed under Sec. 173 of the Motor Vehicles Act for enhancement of the compensation awarded by Motor Accident Claims Tribunal/Addl. District Judge/7th F.T.C., Dehradun vide Award dated 30 -01 -2004 passed in M.A.C.T. Case No. 248 of 2001.

(2.) The claimants claimed compensation of Rs. 18,00,000/ - for the death of their son Chirag Jain in the motor accident on 29 -06 -2001 when the motorcycle bearing registration No. UP08 -K -7789, on which he was travelling as a pillion -rider, was dashed by the offending vehicle Tata Sumo bearing registration No. UP07 -L -9614 resulting in serious injuries to motorcyclist Aman Sethi and pillion -rider Chirag Jain resulting in the death of both of them later in the hospital. The claimants pleaded that their son Chirag Jain used to earn Rs. 6,500/ -per month by running a Canteen in Doon School, Dehradun.

(3.) The owner, driver and insurer of the offending vehicle Tata Sumo contested the claim and denied their liability to pay compensation on the ground that the motorcyclist, himself, was negligent and as such, was responsible for the accident. The owner and insurer of the motorcycle, on the other hand, attributed negligence resulting in the accident to the driver of the offending vehicle Tata Sumo.