S.K. SHRIVASTAV Vs. SAFIQ SHAH

JUDGEMENT

(1.) THIS appeal is filed by the claimants for enhancement of compensation.

(2.) ASHISH Shrivastava was the only son of the claimant Nos. 1 and 2. At the time of accident, he was aged 21 years old and was studying IInd year of B.E. in the Institute of Engineering and Technology, Devi Ahilya Vishwavidyalaya at Indore. It is alleged that the deceased had bright future and after completion of B.E., he could earn between 10,000 and 15,000 rupees per month. On 9th January, 1999 at about 9.00 p.m., he was going to Bhopal from Indore by Ambassador car bearing registration No. M.B.W. 1649, which was driven rashly and negligently by respondent No. 1, Safiq Shah alias Aktar Khan (driver). He dashed against the stationary truck bearing registration No. M.P. 04/F-4895, which was parked on the side after the road at kachha sarak. Asa result of this accident, Ashish Shrivastava died. The vehicle was owned by Aktar Mohamed, respondent No. 2 and insured with United India Insurance Company Ltd. The accident was reported by Rajakumbar at Police Station, Jawar and F.I.R. (Ext. P-l1) was lodged on 9th January, 1999 at 11.30 p.m. Police authorities registered a case under Section 304A, Indian Penal Code against the respondent No. 1 vide Crime No. 2/99. Due to death of deceased (Ashish Shrivastava), compensation of Rs. 16,30,000 was claimed under various heads like future prospects, loss of estate, mental shocks, etc. etc.

(3.) THE Claims Tribunal on pleading of the parties and after recording the evidence came to the conclusion that accident took place due to rash and negligent driving of Ambassador car and compensation or Rs. 1,56,000 with interest at the rate of 12% per annum was awarded.