KISMAT Vs. KHUB RAM

JUDGEMENT

(1.) The present appeal has been filed by the claimant-appellants, seeking enhancement of amount awarded by learned Motor Accident Claims Tribunal, Rewari (for short "the Tribunal") vide Award dated 30.4.2010, on account of death of Dhiraj, in a road accident on 8.3.2009. Succinctly put, the facts of the case are that death of Dhiraj occurred on account of rash and negligent driving of respondent No. 1, the driver of the tractor, while he was returning from the fields. The deceased was being brought to Rewari, but he succumbed to the injuries on the way. The claimant-appellant filed the claim petition, which was allowed by the learned Tribunal awarding a sum of Rs. 1,82,00/- as compensation. Feeling dissatisfied with the said award, the claimant-appellants filed the present appeal.

(2.) Learned counsel for the appellants contends that the deceased was 8-1/2 years old and was a student of 3rd standard at the time of accident He further states that while determining the compensation, the learned Tribunal did not consider the future prospectus of the deceased. He has placed reliance upon the judgment rendered by the Hon'ble Supreme Court in R. K. Malik and another v. Kiran Pal and others, 2009 155 PunLR 35.

(3.) Despite service none caused appearance on behalf of the respondents.