BASIYA @ VASIYA Vs. LABU RAM

JUDGEMENT

(1.) THE instant enhancement appeal has been filed by the appellants claimants against the judgment cum award dated 10.4.2010 passed by the learned Judge, Motor Accident Claims Tribunal, Sirohi in MAC No.18/2010 whereby, the learned Tribunal awarded a sum of Rs.1,75,000/ - in favour of the appellants claimants.

(2.) THE appellants filed a claim petition under Section 166 of the Motor Vehicles Act before the learned Motor Accident Claims Tribunal, Sirohi claiming a total sum of Rs.27,30,000/ - as compensation on the death of their daughter Komal, who was travelling in a jeep bearing registration No.RJ24.T.1193 which met with an accident by a truck bearing registration No.RJ19.GA.8946 on 20.11.2009 {2} and died untimely at the tender age of 8 years. As per the case set up in the claim petition, the driver of the jeep namely Labu Ram drove the truck rashly and negligently and dashed the truck in the jeep causing the accident resulting into severe injuries to the deceased and subsequent death. On the claim being filed, the insurance company contested the same on various grounds viz. (i) the truck was being driven rashly and negligently and in contravention of the terms and conditions of the insurance policy, (ii) the driver of the truck was not having a valid driving licence to drive the vehicle, (iii) the accident took place as a result of negligence of the driver of the jeep himself and (iv) the driver and owner of the jeep were also necessary parties but were not impleaded as respondents in the claim application.

(3.) SHRI B.S.Champawat learned counsel for the appellants submits that the awarded amount is on the extremely lower side and thus, the same deserves to be enhanced appropriately. He submits that the appellants are entitled to a minimum amount of Rs.2,25,000/ - as compensation.