LAWS(P&H)-2003-12-3

R S RAWAT Vs. TILAK RAJ

Decided On December 03, 2003
MAJOR R S RAWAT Appellant
V/S
TILAK RAJ Respondents

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and decree dated 8,12.1984 passed by the Motor Accident Claims Tribunal, Gurdaspur (for short 'the Tribunal) vide which compensation of Rs. 30,000/- was awarded for the death of his (claimants) son Bikaram Pal Singh in the accident

(2.) Bikram Pal Singh, who was a child of 6 years, on 9.4.1983 at 7 P.M. was knocked down by a private taxi bearing registration No. PUG-6612 and was being driven by Tilak Raj, respondent No. 1 rashly and negligently. He was taken to the Military Hospital at Pathankot immediately, where he succumbed to the injuries at 11 P.M. on the same date. FIR No. 146 dated 10.4.1983 was registered at Police Station City, Pathankot at 9.45 A.M. Major R.S. Rawat and Smt. Kapuri Rawat parents of the unfortunate child, claimed compensation to the tune of Rs. 2,00,000/- on account of the death of their child. The Tribunal though found Tilak Raj guilty of having driven the taxi in a rash and negligent manner and thereby causing the death of Bikram Pal Singh, but a compensation of Rs. 30,000/- only has been awarded to the claimants, vide award dated 8.12.1984. The said award is under challenge in the present appeal on the ground that the compensation awarded was meager.

(3.) I have heard the learned counsel for the parties and have gone through the evidence adduced on record.