GANGARAM Vs. MANGILAL

JUDGEMENT

(1.) This is the claimants appeal filed under Section 173 of the Motor Vehicles Act for enhancement of compensation awarded to the claimant Gangaram by the IIIrd Additional Member Motor Accidents Claims Tribunal, Dhar in Claim Case No. 368/02 on 17.02.03, awarding a sum of Rs. 3,03,000/- (Rupees Three Lacs Three Thousand only) for the death of his son Santosh.

(2.) Brief facts of the case are that one Santosh S/o Gangaram the present appellant on the date of the incident i.e. 15.10.01 was travelling on a motorcycle bearing registration No. M.P.-09-JR-2504 and Pallav Singh aged 12 years was riding as a pillion rider of the motorcycle and as they approached the Indorama temple, when on reaching the village Akoliya, Dhar near the Tea Stall of one Raghuvanshi, at the same time non-applicant No. 2 Rajendra driving a truck bearing registration No. M.P.09G-0678 and owned by non-applicant No. 1 Mangilal insured with non-applicant No. 3 Insurance Company, rashly and negligently driving the vehicle, collided against the motorcycle and as a result of which the motorcycle was completely damaged and Santosh received grievous injuries on his head and Pallavsingh received grievous injuries on his right leg which was broken and also on other parts of the body. Both were sent to the Charak Hospital, Indore, where Santosh died during treatment.

(3.) The legal representatives of deceased Santosh the present appellants, Gangaram and Bharti filed the claim for Rs. 9.18 lakhs, stating that the appellant No. 1 Gangaram was the father and the natural legal representative of Santosh, whereas Ku. Bharti was the niece (married sister's daughter) 12 years old and she was also entitled to the compensation since she was dependent on deceased Santosh and used to stay with Santosh since the grandfather appellant Gangaram was suffering from oral cancer.