GOKULRAM Vs. DARSHAN SINGH

JUDGEMENT

(1.) The present civil misc. appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants against the judgment and award dtd. 27/7/2012 passed by the learned Motor Accident Claims Tribunal, Pali in Claim Case No.152/2009 whereby the learned tribunal partly allowed the claim petition and awarded compensation to the claimants-appellants a sum of Rs.2,27,300.00.

(2.) Dissatisfied with the award amount, the present civil misc. appeal has been preferred. Arguing on the appeal, learned counsel for the appellants submits that in the present case, at the time of accident, the deceased Virma Ram 19 years' old. However, the learned tribunal while assessing the monthly income of the deceased has awarded a meagre amount of Rs.2.00 lacs. Learned counsel for the appellant submits that the learned tribunal failed to take into consideration the future prospects of the deceased and if the same was taken into consideration, then the whole amount as claimed by the appellants would have been awarded. Further, it is submitted that towards the heads of damages, mental agony, loss of love and affection and funeral expenses, not a single penny was awarded to the appellants- claimants.

(3.) Learned counsel for the appellants relying upon the judgment of the Madras High Court delivered in the case of Stalin and Anr. Vs. S. Baskaran (CMA No.4422/2019), decided on 17/3/2021 submits that in death case of a boy of 14 years, the Hon'ble Madras High Court awarded total compensation to the tune of Rs.6,75,000.00 to the claimants.