SHAMSHERKAUR Vs. KANOLI PUSHPARAJ

JUDGEMENT

(1.) THE Appellants have filed this appeal under Section 110 -D of the Motor Vehicles Act for enhancement of compensation, against the award dated 31st July, 1978, given by the Member, Motor Accidents Claims Tribunal, Dhar in Claim Case No. 18 of 1976, whereby he has awarded a total compensation of Rs. 15,000/ - plus costs and interest in favour of the claimant -Appellants, though they had put up a claim for Rs. 75,000/ -.

(2.) THE facts giving rise to this appeal, which are no longer in dispute, may be stated, in brief, thus:

(3.) THE learned Member on evidence found that the Respondent No. 2 at the time of the accident was driving the truck in a rash and negligent manner that it had first dashed against a telephone poll whereafter it broke through a pan gumti and pierced into a hotel, where the deceased Kuldipsingh was sitting. He rejected the plea taken by the Respondents that the accident was inevitable. Thus, considering the young age of the deceased at the time of the accident, who was aged 30 years as also his monthly income of Rs. 300/ -, he thought it just and proper to award a total compensation of Rs. 15,000/ - plus costs and interest against all the Respondents. Hence this appeal.