BAGDARAM Vs. SURESH KUMAR

JUDGEMENT

(1.) The instant appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed on behalf of the appellants-claimants against the judgment and award dated 02.02.2017 passed by the learned Judge, Motor Accident Claims Tribunal, Jaitaran, District Pali in Claim Case No. 13/2014 (483/2014) titled as "Bagdaram and Anr. Vs. Suresh Kumar and Anr." whereby, the Tribunal has awarded a sum of Rs.2,80,000/- as compensation in favour of the claimants. Hence, this appeal has been filed seeking enhancement of the amount of the compensation.

(2.) Briefly put the facts of the case giving rise to this appeal are that on the fateful day of 07.09.2013, the claimants with their son, namely, Aakash, aged 06 years, were going from Sangawas to Biratiya Khurd on motorcycle bearing registration number RJ-22-MM-6135 at around 10 a.m., when they reached near Haziwas Piao then, another motorcycle bearing registration number RJ-22-SQ-6302 came, being driven rashly and negligently by the non-applicant No.1, hit their motorcycle; and as a result of collision, Aakash sustained injuries on his head and body and he (Aakash) was succumbed to death during treatment. The claimants have further averred in the claim petition that at the time of accident, the non-applicant No.1 was driver himself was the owner of the motorcycle, who drove the vehicle for his own benefit; and at the time of accident, the said vehicle was insured with the non-applicant No.2. A total sum of Rs.35,84,000/- was claimed as compensation under various heads along with interest @ 18% per annum from the date of filing of the claim petition till the date of realisation of the amount jointly and severally from the non-applicants.

(3.) In its reply, the non-applicant No.1 mainly stated that no accident has been occurred from his vehicle, on the contrary, the accident has been occurred due to mistake of father of the deceased; that the vehicle was insured with the Insurance Company; that at the time of accident, the answering non-applicant having a valid and effective driving license. Therefore, by submitting written statement, he prayed for dismissal of the claim petition.