PRAHLAD SINGH Vs. TILAK SINGH

JUDGEMENT

(1.) THE claimant-appellants have filed this appeal Under Section 110-D of the Motor Vehicles Act for enhancement of compensation against the judgment and award dated 30th January, 1982 passed by the Additional Member, Motor Accidents claims Tribunal, Indore in claims Case No. 240 of 1979, whereby he has awarded a total compensation of Rs. 25,000/-against the respondents with cost and interest at the rate of 6 per cent per annum from the date of the filing of the petition i e. 18-12-1979 till realisation, though the appellants had put up a claims for Rs. 2,50,300.00.

(2.) FACTS giving rise to this appeal, which are no longer in dispute and as found proved by the learned Member of the Tribunal, may be stated, in brief, thus: Appellant No. 1 PrahladsiDgh is the father and appellant No. 2 Sharada Bai, is the mother of the deceased boy Malkhan Singh and appellant Nos. 3, 4 and 5, who are minors, are the brothers of the deceased.

(3.) ACCORDING to the claimants the deceased Malkhan Singh at the time of the accident was aged about 20 years and was studying in B A. first year; that he was a good student in studies and had a bright future and was also assisting his father in his agricultural operations. According to the appellants on 23-10-1979, Malkhan was going on a bicycle from Nanda Nagar. When he reached Janjira cross-road near Narayan Kothi at about 4 p.m. the respondent No. 1, who was driving the motor vehicle No. MPP-1878 drove it in such a rash and negligent manner that it gave a dash from behind to the cyclist Malkhan who was thrown away and as a result of the injury sustained in the said accident he died instantaneously on the spot. The appellants, therefore, filed the present claims petition whereby they claimsed Rs. 2,00,000.00 by way of general compensation, Rs. 300.00 for the damage caused to the cycle and Rs. 50,000/- for mental loss and suffering.