SHANKAR LAL AND ORS. Vs. SHRIRAM AND ORS.

JUDGEMENT

(1.) INSTANT appeal u/s. 173 of the Motor Vehicle Act, 1988 has been filed by the claimants -appellants seeking enhancement of the award dt.18/12/2004 passed by the Motor Accident Claims Tribunal (Additional District & Sessions Judge (Fast Track) No. 3, Jaipur City, Jaipur in claim case No. 365/2004 by which a compensation to the tune of Rs. 1,36,000/ - has been awarded to the claimants -appellants.

(2.) THE brief facts, as has been gathered on the basis of the arguments advanced by counsel for the parties and on perusal of the order impugned, are that on 08/12/1996 at about 7.30 - 8.00 pm in the evening, one Babu Lal was going on Scooter No. RJ -14 -9 -M -2534 and while he reached near Durga Pura Krishi Farm, a Car bearing No. RJ -14 -2 -C -2341, coming towards Sanganer, its driver, while driving the vehicle in a rash and negligent manner and on a wrong side, hit the scooter of Babu Lal as a result of which the Scooter lost its control and Babu Lal dashed with a tree guard on the divider on the main road and then the blood started oozing out from his head and other parts and he died on the spot. The car driver ran away from the spot. Thereafter, on the next day, an FIR bearing No. 674/1996 was lodged at Police Station Sanganer by one Gopal claiming himself as an eye -witness of the incident and thereafter, after investigation, the police submitted challan before the competent court of jurisdiction. During the course of investigation, it transpired that the respondent No. 1 was driver of the offending vehicle while the respondent No. 2 was its owner and the vehicle was insured with the Insurance Company.

(3.) THE Tribunal, after considering the entire evidence and material on record including the FIR, challan and statements, framed as many as five issues including the issue of relief and arrived at a finding that the accident did occur on account of rash and negligent driving of the vehicle by the respondent No. 1, however, it allowed compensation to the tune of Rs. 1,36,000/ - only which according to the claimants -appellants is quite low. Hence, the present appeal.