DEO PATODI Vs. DEVENDRA ARORA

JUDGEMENT

(1.) -THIS appeal is filed by the claimants under section 173 of the motor Vehicles Act challenging the award dated 9. 5. 2005 passed by Fifteenth Additional Member Judge, Motor Accidents claims Tribunal in Claim Case No. 19 of 2004 whereby the Claims Tribunal has awarded an amount of Rs. 9,38,000 as the compensation to the present appellants, who are parents of the deceased Deepak patodi for his death.

(2.) THE brief facts of the case are that deepak was travelling in a car No. MP 09-HC 5868 on 12. 6. 2003. He was going from indore to Bhopal and met with an accident on the way. Deepak was 22 years of age at the time of accident. He died on 18. 6. 2003. During this period he was got admitted in bhandari Hospital at Indore and Chirau hospital, Bhopal. After his death the present appellants have filed claim petition for compensation for the death of deceased. The Claims Tribunal held that the accident has taken place due to rash and negligent driving of the vehicle by respondent No. 1 and the vehicle was insured with respondent No. 2. The Claims Tribunal held that the respondents are jointly and severally liable for payment of compensation.

(3.) THE claimants have filed this appeal for enhancement of amount of award. The insurance company has filed their crosso bjections for reduction of the amount of compensation.