KEEMAT RAI NAGDEO Vs. ABDUL ABRAR

JUDGEMENT

(1.) BEING dis-satisfied by the amount awarded by the Addditional Motor Accident Claims Tribunal, Bhopal by award dated 16th November, 2000 passed in MCC No. 418/99 the appellants have preferred this appeal under section 173 of the Motor Vehicles Act, 1988 to seek enhancement of the amount of compensation. The claimants 1 and 2 are the parents of the deceased Mohan while No. 3 and No. 4 are his brother and sister. On 7.5.1999 while deceased Mohan was going on his scooter bearing Registration No. M.P.-04/H-6028 near Panchvati Complex, Saket Nagar, Bhopal, he was hit by the Jeep bearing regi stration No. MP-05/W-0230 which came at an excessive speed as a result of which, Mohan died on the spot. He was taken to Kasturba Hospital where he was declared dead. The report of the incident was lodged at Police Station Piplani where offence under section 304-A of the IPC was registered vide Crime No. 129/99.

(2.) THE appellants claimed compensation of Rs. 56,45,000/- on the ground that the deceased was earning Rs. 8,000/- per month out of which he was spending Rs. 2,000/- on himself and rest of the amount he was contributing to the family. The claim was resisted by the respondents who contended that the deceased himself was negligent and responsible for the accident. The Tribunal on appreciation of the rival contentions and the evidence brought on record found that the appellant Nos. 1 and 2 were entitled to receive compensation in the sum of Rs. 60,000/- and a sum of Rs. 5,000/- towards loss of estate and Rs. 2000/- for last rites of the deceased from the respondents. The appellants have, therefore, filed this appeal for enhancement of the compensation.

(3.) ACCORDINGLY , this appeal is partly allowed. The appellant Nos. 1 and 2 shall be entitled to recover, jointly and severally, from the respondents a sum of Rs. 87,000/- and interest there on @ 12% from the date of the application. In the facts and circumstances of the case there shall be no order as to costs of this appeal.