SHYAM LAL Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) The present misc. appeals have been preferred against the award dated 21.6.1996 passed by Motor Accidents Claims Tribunal, Jaipur whereby the amount of Rs. 86,400 has been awarded in MACT Case No. 114 of 1989 in Appeal No. 618 of 1998 and Rs. 72,000 has been awarded in MACT Case No. 691 of 1992 in Appeal No. 1008 of 1997, because of the death of Narayan (in 691 of 1992) and Manohar Lai (in 114 of 1989) in the accident occurred on 24.9.89 caused by driver of scooter No. RNX 6902, when the scooter struck with the pole and these two persons fell on road.

(2.) Two Claim Application Nos. 114 of 1989 and 691 of 1992 were filed by the claimants. After framing the required issues in regard to negligence and also for quantum of compensation, the Tribunal had come to a finding that the driver of the scooter, on which said two students were travelling, had caused the accident because of rash and negligent driving. Counsel for appellants submits that the deceased Narayan was 18 years old at the time of accident and the deceased Manohar Lai was 20 years old.

(3.) Counsel for appellants submits these matters are squarely covered with the judgment in case of Hanuman Sant v. Madan Lal, 1998 ACJ 918 (Rajasthan), wherein the Tribunal had awarded Rs. 58,000 for the death of deceased Ram Kishore, who was a young boy of 16 years and student of 8th standard. The Tribunal had awarded only Rs. 58,000 but in appeal the amount was enhanced to Rs. 1,50,000. Mr. Tiwari prays that in the same analogy both these appeals be decided and the amount of award be enhanced to Rs. 1,50,000 to the claimants who have filed the claim applications for the death of their young sons in the unfortunate accident.