KAILASH Vs. ABDUL AZID

JUDGEMENT

(1.) This appeal is directed by the claimants against the award dated 27.11.1998 passed by the Seventh M.A.C.T. Indore, in Claim Case No. 157 of 1996 whereby compensation of Rs. 70,000 with interest at the rate of 12 per cent per annum from the date of claim application was granted.

(2.) The claimants' case in brief was that on 29.2.1995 at about 10 p.m. when the deceased Rakesh, son of the appellants, was going on his cycle, the truck No. UP 78-D 4085 driven by the respondent No. 2, owned by the respondent No. 1 and insured with the respondent No. 3 came in a rash and negligent manner and dashed against him as a result of which he sustained injuries and died on the spot. He was about 13 years of age and was earning Rs. 1,200 per month. The claimants filed claim application seeking compensation of Rs. 3,00,000. The respondent Nos. 1 and 2 remained absent. They were proceeded ex pane. The respondent No. 3 resisted the claim. The Tribunal on appreciation of evidence held that the accident occurred due to rash and negligent driving of the truck No. UP 78-D 4085 as a result of which the deceased Rakesh met with his death and awarded compensation of Rs. 70,000. As stated above, the claimants have filed this appeal for enhancement of compensation allowance.

(3.) Mr. S.S. Chawla, learned counsel for the appellants argued that the amount of compensation is hopelessly low. It must not be less than Rs. 1,50,000. He put reliance on the Supreme Court decision in Haji Zainullah Khan (Dead) by L.Rs. v. Nagar Mahapalika, Allahabad, 1994 ACJ 993 (SC) and the decision in case of Shanti Bai v. Charan Singh, 1998 ACJ 848 (SC) and decision of this court in Rakesh v. Raju Sharma, M.A. No. 859 of 1997, passed on 14.11.2000 by Division Bench of this court. On the other hand, Mr. Anil Goyal, learned counsel for the respondent No. 3 supported the impugned judgment.