KACHRA AND ORS. Vs. LOKESH AND ORS.

JUDGEMENT

(1.) THE instant enhancement appeal has been filed on behalf of the appellants -claimants challenging the judgment cum award Dt. 4.4.2008 passed by the Motor Accident Claims Tribunals, Udaipur in M.A.C. Case No. 633/2006, whereby, the claim application was partly allowed and the claimant -appellants were awarded compensation to the tune of Rs. 1,99,200/ - upon the death of Shri Narayan Lal in a road accident. Briefly stated the facts necessary for the disposal of this appeal are that on 14.3.2006, the deceased Narayan Lal was proceeding on his motorcycle bearing Registration No. RJ -12 -2M -4990 from Udaipur to Balicha Road. When he was passing from near the "Shanker Filling Station, Dewali", a jeep bearing Registration No. RJ -27 -UA -0125 being driven in a rash and negligent fashion by its driver respondent No. 1 Lokesh collided with the motorcycle. Narayan Lal received severe injuries in accident and expired.

(2.) THE appellants being the parents of the deceased filed a claim petition under Sec. 166/140 of the Motor Vehicles Act, 1988 impleading Lokesh, the driver, Devi Lal, the owner and the insurer of the vehicle involved in the accident as non -claimants. It was pleaded in the claim petition that the deceased was a brilliant student. He had undergone the course of I.T.I, in the trade of motor driver cum mechanic. After passing BA., he was pursuing the course of B.P. Ed, in the B.N. College of Physical Education, Udaipur. He was earning a sum of Rs. 2,000/ - per month by working as a motor mechanic. It was also pleaded that the deceased belonged to the S.C./S.T. category and immediately after completing the B.P. Ed. Course, he would have gained appointment as a PTI., whereby, he would become entitled to a salary of Rs. 7,000/ - per month. The claimants thus prayed for compensation to the tune of Rs. 12.08.000/ -.

(3.) THE Insurance -Company did not appear before the learned Tribunal to oppose the claim petition.