STATE OF M.P. Vs. SANGPHOH

JUDGEMENT

(1.) THIS appeal filed under Section 110-D of the Motor Vehicles Act (hereinafter referred to as the Act) is by the owners of the vehicle and is directed against the award dated 17-12-81 passed by Shri V.D. Bajpai, Claims Tribunal, Seoni in motor claim case No. 1/81.

(2.) BY the impugned award the tribunal has granted compensation amounting to Rs. 12000/- plus Rs. 1000/- as expenses to respondent Nos. 1 and 2. The respondent Nos. 1 and 2 in their application before the Claims Tribunal submitted that respondent No. 3 Gajendrasingh while driving government jeep No. CPZ 3674 on 4-11-80 at about 7-00 p.m. in a rash and negligent manner dashed against Tejing Chokla, their son, aged about 5 years and killed him. They therefore claim compensation amounting to Rs. 1,00,000/- as pecuniary loss together with Rs. 50,000/- for mental and physical pain. They also claimed a sum of Rs. 900/- for performing funeral rites etc. Respondent No. 3 in his written statement admitted the accident but denied that it happened because of his rash and negligent driving. According to him the place of accident was crowded road side near the bus stand and he was driving his jeep at a very slow speed. The present appellants also denied their liability to pay compensation as there was no rash and negligent driving. The learned tribunal held that Tejing Chokla died in an accident with the jeep No. CPZ 3674 owned by present appellants and driven by respondent No. 3 on 4-11-80. He also held that the said jeep was driving in a rash and negligent manner. He calculated the liability of the appellants at Rs. 1,2000/- only and awarded the same. It is this award which is challenged in this appeal.

(3.) SO far as the amount of compensation is concerned the learned tribunal had been rather charitable in favour of the appellants. Life of a boy could not be purchased for Rs. 12,000/-. There is no scope for interference with the award on this account.