RAMU Vs. TECHAND

JUDGEMENT

(1.) THIS appeal is directed against the award dated 24.9.1993 in Claim Case No. 40/86 by First Additional Motor Accident Claims Tribunal, Khandwa, awarding a sum of Rs. 56,160.00 as compensation under section 110 of the Motor Vehicles Act, 1939.

(2.) THE relevant facts not in dispute in brief are that the deceased aged about 15 years was the son of claimant -appellants. He met with motor accident on 18.7.1986 at about 7.30 a.m. near river Bhutia. The offending truck No. RJE -5745 was being driven by respondent No. 2 -Ram Singh, was owned by respondent No. 1 -Tekchand and was insured by respondent No. 3.

(3.) LEARNED counsel for the appellants submitted that the award as above is on the lower side and is not a just compensation. It has been submitted that the amount of compensation be increased. It is clear that the deceased was the son of the appellants and was aged about 15 years at the time of accident. Therefore, he had the potentiality of earning more in the near future, and the appellants could have been benefitted by his earnings. It is also noticed that the Tribunal has not awarded any sum towards funeral expenses of the deceased. The age of the claimants -appellants -the father and mother was held to be 36 years and 30 years, respectively. In view of the above, compensation of Rs. 75,000.00 deserves to be awarded inclusive of pecuniary and non -pecuniary heads.