SHOBHA Vs. AMBARAM

JUDGEMENT

(1.) THIS appeal is directed by the claimant against the award dated 30.1.2001 passed by the Fourth Member, M.A.C.T., Dewas, in Claim Case No. 18/2000 whereby the appellant was awarded compensation of Rs. 1,33,500/- with interest at the rate of 12 per cent per annum from the date of the claim application.

(2.) THE facts of the case, in brief, are that on 2.11.1990 the deceased Dilip Sharma, the son of the appellant-claimant, was going on motor-cycle as pillion rider, driven by Ishwar Singh. When this motor cycle came near M.P.E.B. Grid, non-applicant No. 1 came from opposite side driving Tata Sumo vehicle bearing registration No. M.P. 09-S-3198, belonging to the respondent No. 2 and insured with the respondent No. 3, in rash and negligent manner and dashed against the motor cycle as a result of which Dilip Sharma sustained serious injuries. He was admitted in M.Y. Hospital and thereafter was shifted to T. Choitram Hospital where he died on 13.11.1999. The appellant filed claim case seeking compensation of Rs. 6,25,000/-. The claim was resisted. The respondent No. 3 inter alia pleaded that the accident occurred due to rash and negligent driving of the motor cycle. It was also averred that the respondent No. 1 had no valid licence, therefore, it was not liable to pay compensation. The learned trial Judge held that the accident occurred due to rash and negligent driving of Tata Sumo and awarded compensation of Rs. 1,33,500/-. Hence this appeal by the claimant-mother for enhancement of compensation amount.

(3.) WE considered the arguments advanced by learned Counsel for both sides and perused the record.