DAULTA Vs. RAM SWAROOP

JUDGEMENT

(1.) HEARD learned Counsel for the parties and perused the record.

(2.) THIS appeal has been preferred by a widow, Smt. Daulta against an award dated 25.9.2000 passed by Motor Accident Claims Tribunal/VII Additional District Judge, Lucknow in a Claim Petition No. 102/90, Smt. Daulta v. Ram Swaroop and Ors. The Claims Tribunal has awarded Rs. 52,000 plus interest as compensation to the appellant for the death of her own son, Ram Kishore, on 16.11.1989. The appellant is a widow and at the time of filing of claim petition before Motor Accident Claims Tribunal, she was 48 years old. On 16.11.1989 at about 11.00 a.m., her seven years old son, Ram Kishore was hit by a truck No. UAN-9097 owned by opposite party Nos. 1 and 2. The truck was being driven recklessly and negligently and did not blow horn to alert the pedestrians going on the main road. The deceased, Ram Kishore died on the spot due to accident caused by the truck owned by opposite party Nos. 1 and 2. An F.I.R. was lodged at the police station and the appellant filed a claim petition before the Motor Accident Claims Tribunal for compensation amount of Rs. 3.00 lakhs plus 18% interest on the same. The claim was contested by the opposite parties. Four issues were framed and the matter was concluded on 25.9.2000. Learned Tribunal had granted Rs. 52,000 plus 12% interest as compensation in favour of the appellant. Issue Nos. 1,2 and 3 were decided against the opposite parties. However, while dealing with Issue No. 4 relating to award of compensation, the Tribunal has erred in not granting sufficient and reasonable amount to the appellant to sustain herself and other children in life.

(3.) AS far as compensation is concerned, the appellant had submitted before the Tribunal that the appellant was 48 years widow and her child, Ram Kishore was 7 years old and was to be admitted to class II in a primary school. He could have supported his mother and other children of the family after about 11 years on attaining the adulthood. The Tribunal had awarded Rs. 50,000 as minimum amount fixed under the provisions of Section 163-A of the Motor Vehicles Acts (as amended). 12% interest was also allowed on this amount.