SHAMBHAU Vs. DAULAT RAM

JUDGEMENT

(1.) Appellants-claimants Motor Vehicles Act, for enhancement of have filed this appeal under section 173 of compensation being aggrieved against the award dated 22.2.2001 passed by Second Additional Motor Accidents Claims Tribunal, Mandsaur in Claim Case No. 139 of 2000.

(2.) The brief facts of the case are that on 18.5.2000 deceased Prakash Meena was travelling as a pillion rider on motor cycle bearing registration No. RJ 06-MM 9451 from Kukdeshwar to Rampura. One Balbeer Singh was driving the said motor cycle. From opposite side bus bearing registration No. MP 14-K 2711 was coming which was being driven by respondent No. 1 driver Daulatram rashly and negligently and dashed the motorcyclist. On account of the accident deceased Prakash Meena died on spot. He was taken to Kukdeshwar Government Hospital where he was examined. The matter was reported to the Police Station, Kukdeshwar and criminal case was also registered. The deceased was unmarried and aged about 20 years. The father and mother both have filed claim petition for claiming compensation of Rs. 6,75,000. The claim was contested by the insurance company and the facts were denied. It was further objected that the driver of the offending vehicle was not having valid and effective driving licence. The driver and owner both have also denied the claim and submitted that the accident occurred due to rash and negligent driving of the motor cycle by the injured Balbeer Singh. After recording the evidence of the parties, the Tribunal found that the accident took place due to rash and negligent driving of the bus by the driver respondent No. 1. The Tribunal has also held that the insurance company has failed to prove that respondent No. 1 driver was not having valid and effective driving licence and found that the respondents are jointly and severally liable for payment of compensation. The Claims Tribunal held that the deceased was aged about 20 years. In the post-mortem report, Exh. P-7, his age was shown as 22 years. Therefore, on the basis of the aforesaid evidence, the Tribunal considered the same between 20 and 22 years. The Tribunal has assessed the income of the deceased at the rate of Rs. 1,500 per month and after deducting 1/3rd amount, assessed the yearly dependency at Rs. 12,000 and applied the multiplier of 7 and awarded a total compensation of Rs. 1,02,000, against which the claimants have preferred this appeal for enhancement.

(3.) We have heard Mr. Anil Goyal, the learned counsel for respondent No. 3 and perused the record. None was present for the appellants-claimants as also for respondent Nos. 1 and 2.