KANHAIYALAL Vs. ANILKUMAR

JUDGEMENT

(1.) THIS is an appeal filed by the claimants - -parents of the deceased son Dineshchandra - -against the award dated 16.1.1985 made by the Member, Motor Accidents Claims Tribunal, Jhabua in Claim Case No. 6 of 1984 whereby the learned Tribunal has awarded Rs. 15,000/ - as compensation together with interest at the rate of 9 per cent per annum on account of the death of the deceased Dineshchandra who died as a result of motor accident on 7.1.1984 when he was struck down by a motor cycle bearing registration No. MBU 8541 while he was standing on the roadside in front of his house at Alirajpur.

(2.) ON a claim petition having been filed by the Appellants, parents of the deceased Dineshchandra, who was aged 12 years on the date of the accident, the learned Tribunal on the basis of evidence adduced in the case, found that the deceased Dineshchandra died as a result of an accident which took place due to rash and negligent driving of the motor cycle in question - -belonging to Dr. Anilkumar, Respondent No. 1 and that the deceased was the only son of his parents and awarded compensation of Rs. 15,000/ - against the Respondent No. 1 with interest at the rate of 9 per cent per annum, from 17.1.1984, the date on which the claim petition was filed, till realisation. The Respondent No. 2, insurance company, was exonerated of the liability on a finding that the motor cycle was not insured on the date of the accident.

(3.) HAVING heard Learned Counsel for the parties, we have come to the conclusion that the finding of the learned Tribunal on the question of rash and negligent driving by the cross -objector -Respondent is justified on the evidence on record and that the circumstances of the case call for an enhancement of compensation.