DAULAT RAM Vs. RAMCHANDRA

JUDGEMENT

(1.) THIS appeal has been filed against the award dated 4.10.1993 passed by the Motor Accident Claims Tribunal, Jaipur (hereinafter referred to as 'The Tribunal') in claim Petition No. 352/1993 (91/1990) filed by the appellants, the parents of the deceased Nitin aged four years who died in an accident which took place on 5.6.1989 while travelling with the appellants in a Matador bearing Registration No. RSN 7192 and they were going to Nainital from Jodhpur via Jaipur and when the said vehicle reached near village Kanaota on the National Highway No. 11, met with an accident with a Truck bearing No. RNS 7866 which was coming from the opposite direction which was rashly and negligently being driven by driver Ramchandra the respondent No. 1. The said truck was owned by respondent No. 2 and insured by the respondent No. 3. On account of the said accident, the deceased suffered fatal injuries and died as a result thereof.

(2.) THE learned Tribunal awarded a sum of Rs. 30,000/ - as compensation for the death of the child Nitin aged four years to the appellants (parents). Learned Counsel for the appellants submits that the amount of compensation is wholly inadequate for the death of the son. Learned Counsel for the appellants placed reliance on the decision of Their Lordships of the Hon'ble Supreme Court rendered in the case of Shanti Bai and Ors. v. Charan Singh and Ors. : AIR1999SC845 , wherein Their Lordships have in the case of minor with non -earning income, awarded Rs. 1,50,000/ - as compensation. Learned Counsel for the respondents does not dispute the fact with regard to the aforesaid judgment being passed by the Hon'ble Supreme Court.