DR. SHIV SHANKAR AND ANOTHER Vs. RAMESHWAR

JUDGEMENT

(1.) With the consent of all the parties these two appeals are heard finally.

(2.) S.B. Civil Misc. Appeal No. 588/98, was filed by the claimants for enhancement of the compensation as well as enhancement of the interest whereas S.B. Civil Misc. Appeal No. 614/98 has been filed by appellants owner of the Jeep.

(3.) Brief facts of the case are that the claim petition was filed in the Motor Accident Claims Tribunal, Bikaner by the claimants Dr. Shiv Shankar and his wife Smt. Shashi Swami alleging that their son Ashish who was of the age of 8-9 years met with the accident on 3rd Feb., 1989, while travelling in Auto Rickshaw No. RSF/3001, which was driven by the driver, Ramdhan. It is alleged that driver Ramdhan was driving the Auto Rickshaw rashly and negligently and there were more children than the capacity. The accident took place when a Jeep No. DLI/8145 came and the driver Ram Kishan was driving the above jeep. Ram Kishan was also driving the Jeep rashly and negligently. In this accident the claimants son Ashish died whereas other persons were injured. The claim case No. 25/89 was registered under Sections 279, 337 and 304-A of I.P.C. The owner of the Auto Rickshaw is Madanlal and it was insured with the National Insurance Company where as the Jeep was insured with the same National Insurance Company.