RAMI Vs. RAHUL TRADING AND FINANCE PVT LTD

JUDGEMENT

(1.) APPELLANT Rami has filed M. A. No. 933 of 2000, appellant Chesta has filed M. A. No. 932 of 2000 and appellant Satyadeo has filed M. A. No. 931 of 2000, for enhancement of the Award dated 28-4- 2000 in Claim Case No. 119 of 96, 127 of 96 and 130 of 96, respectively arising of the same incident, passed by learned Second MACT, Shajapur, wherein compensation of Rs. 27,000/- is provided in Claim Case No. 119 of 96, compensation of Rs. 5500/- is provided in Claim Case No. 130 of 96 and compensation of Rs. 4500/- is provided in Claim Case No. 127 of 96.

(2.) THE claim of the claimants is that on 21 -1 -91 when claimants and the deceased Ku. Pooja Sharma were travelling in a Mini Bus W. P. No. 09-B-3962 from Indore to Ramganj Mandi, the bus turned turtle on account of the rash and negligent driving by the driver and in the accident Ku. Pooja Sharma, aged 12 years, who was studying in 7th Class has died. The claimants and Chesta have also received injuries. The bus was owned by respondent No. 1 and insured with respondent No. 3. The claimants have prayed for compensation from the respondents.

(3.) M. A. No. 933 of 2000 (Claim Case No. 119 of 96): The claimants are the parents of Ku. Pooja Sharma, aged 12 years. She was studying in 7th class. The learned Tribunal has awarded the amount of Rs. 27,000/- only. The claimants have prayed that it should be increased by Rs. 23,000/- and total amount of Rs. 50,000/- as compensation be provided to the claimants. Looking to the age and qualification of the deceased the prayer is just and proper and as such the compensation is enhanced by Rs. 23,000/ -.