STATE OF M.P. Vs. RAMCHARAN

JUDGEMENT

(1.) Appellants have preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for brevity, the 'Act') against the award dated 30.06.2003 passed by the Fourth Motor Accident Claims Tribunal (Fast Track Court) Dabra, district Gwalior (for brevity, the 'Tribunal') in Claim Case No. 33/2002, whereby the claim petition filed by the respondents No. 1 and 2 for compensation on account of the death of their son, was allowed and compensation of Rs. 1,82,800.00 was awarded.

(2.) Brief facts of the case which are necessary for the decision of this appeal are that on 06.05.1998, at 6.00 am, Yogesh, Mangal Singh @ Kalicharan and Manoj Kumar were going from Gwalior to village Beru on scooter bearing registration number MP07 KB 4231. Yogesh was driving it while Mangal Singh and Kalicharan were the pillion riders. When they reached near culvert of Jorasi temple, the driver of the jeep bearing registration number MP.02/0590 drove the jeep rashly and negligently and dashed against the scooter from behind. As a result, pillion riders sustained injuries and they were brought to J.A. Hospital for treatment where they declared died. The police was informed about the accident and after investigation, the police concluded the jeep number MP02/0590 to be the offending vehicle and charge-sheet was filed before the concerned Court.

(3.) The respondents No. 1 and 2 had filed a claim petition under Sec. 166 of the Act claiming compensation of Rs. 27,55,000.00 on account of the death of their son Yogesh on the ground that at the time of accident, the age of their son Yogesh was 20 years and he was engaged in the Engineering department as daily wage employee and earning Rs. 1468.00 per month and he was going to be promoted in furture, but due to the death of Yogesh, the claimants have been deprived of the earning of the deceased.