BAJRANG LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appellants-claimants have preferred this misc. appeal under Section 173 of the Motor Vehicle Act, 1988, for seeking enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal & Addl. District & Sessions Judge, Parbatsar, while deciding the Claim Case No.70/1999- Bajrang Singh & Anr. Vs. Rajendra Singh & Ors., vide the judgment and award dated 10.08.1999, whereby the learned Tribunal has awarded compensation of Rs.50,520/- on account of death of claimants' son, namely, Pappu @ Prem Singh.

(2.) BRIEFLY stated, the facts of the case are that the in an accident, which took place on 16.03.1997, the appellants have lost their son, namely, Pappu @ Prem Singh, who was 10 years of age at the relevant point of time and, so also, was studying in second standard. On the unfortunate day of 16.03.1997, when claimants' son (Pappu @ Prem Singh) was going on the road taking his goats for grazing, and he was standing near the house of Bhanwar Lal Khatik, a Jeep bearing registration No.RJ-21-C-3230, owned by the second respondent (Telecom District Manager, Department of Telecommunication, District- Nagaur), which was driven by its driver, namely, Rajendra Singh (respondent No.3 herein) in a rash and negligent manner, hit the son of appellants and ran over the son of the appellants, as a result of which, he succumbed to death on the spot. The claimants in their claim petition averred that apart from the study, their son used to earn Rs.800/- per month from work of goats grazting etc. A case bearing FIR No.38/97 for the offences under Sections 279 and 304-A of IPC was registered at the Police Station- Gachhipura. The claimants, therefore, filed claim petition claiming compensation on account of death of their son to the tune of Rs.19,86,150/-.

(3.) THE appeal is partly allowed. No costs. Copy of this order be sent to both parties and Tribunal below forthwith.