BHAGWAN RAM Vs. DEEN DAYAL

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 ('the Act') has been filed by the owner and driver of the vehicle challenging judgment and award dated 10.01.1997 passed by the Motor Accident Claims Tribunal, Nagaur - camp - Deedwana ('the Tribunal').

(2.) On behalf of the claimants a cross objection under Order XLI, Rule 22 CPC has been filed seeking enhancement of the compensation.

(3.) Brief facts of the case are that the respondents, who are father, mother and brother of Surendra filed a claim petition on 27.01.1994 before the Tribunal with the averments that on 20.09.1993 at about 10:00 AM on private road from Sikar to Deedwana one Bus No.RJV 2674 reached village Lalasari when Surendra, aged about five years, while going to school was hit by the said offending bus, which crushed him. As a result of which, Surendra died on the spot. Allegations were made that the bus was being driven rashly and negligently by the driver Om Prakash, so also, the bus was driven on extreme right side of the road and Surendra who was going on correct side of the road was killed. Further averments were made about the family background of deceased Surendra and a compensation of Rs.13,60,500/- was demanded.