VIRENDRA KUMAR Vs. SUNIL KUMAR TL

JUDGEMENT

(1.) THIS Misc. Appeal presented under Section 110-D of the Motor Vehicles Act is directed against the Award dated 30th June, 1982 passed by the Member, Motor Accident Claims Tribunal, Dhar in Claim Case No. 65/80 whereby the respondents were directed to pay compensation of Rs. 7000/- to the appellant together with interest at the rate of 6% p.a. The claimant felt dis-satisfied by the quantum levelling is as thoroughly inadequate. He has, therefore, preferred this appeal seeking enhancement.

(2.) BRIEFLY stated the facts of the case are that at the relevant time i.e. at 5.30 p.m. on 15.3.1980, respondent No. 1 Sunil Kumar drove his motor cycle bearing registration No. CPF 5922 rashly any negligently. This vehicle was insured with the respondent No. 3. The respondent No. 1 hit Smt. Phulbai, the mother of the appellant, whereby she sustained number of injuries. She was taken to the hospital but soon enough she succumbed to the injuries. The husband of Phulbai and her son filed the claim petition before the Tribunal for compensation of Rs. 51,000/-. This claim was resisted by the respondent No. 1 and respondent No. 3. The respondent No. 1 is also shown as the respondent No. 2 in the capacity of driver of the vehicle. In other words, the respondent No. 1 was the owner as well as driver of the vehicle at the relevant time. On evaluation of the evidence, the Tribunal passed the award of Rs. 7,000/- as under- <FRM>JUDGEMENT_233_TLMPH0_1993.htm</FRM>

(3.) I have heard Shri P.S. Hada, learned Counsel for the appellant and Shri M.L. Dhupar, learned Counsel for the respondent No. 3. None appeared for the respondent Nos. 1 and 2.