MAN SINGH Vs. VIDAR PRAKASH

JUDGEMENT

(1.) THE appellant/claimant has filed the appeal under Section 173 of the Motor Vehicles Act, 1988 for the enhancement of the amount of Award dated 22-9-1995 in Claim Case No. 406/1987 passed by the learned First Member of Motor Accident Claims Tribunal, Mhow, District Indore, wherein the amount of Rs. 75,000. 00 was awarded as compensation to the appellant with interest @ 12% p. a. from 8- 4-1993.

(2.) IT is not in dispute that the son of the appellant has died on account of the accident caused on 2-4-1987 by Truck No. DYL-727 and the truck was insured by respondent No. 3 - New India Assurance Company.

(3.) THE case of the appellant is that on 2-4-1987 at about 8. 30 P. M. when the son of the appellant Radheshyam was going to supply the food, near the railway crossing at Simrol Road, Truck No. DYL-727, driven rashly and negligently by respondent No. 2 - Ram Kumar, struck him and Radheshyam succumbed to the injuries on the spot. That the age of Radheshyam was about 27 years and he was earning Rs. 100. 00 per day by doing the work of motor mechanic. The appellant has prayed for the amount of one lac, jointly and severally, from the respondents.