PREMCHAND Vs. POONMARAM

JUDGEMENT

(1.) The instant misc. appeal, seeking enhancement, has been preferred by the appellants/claimants under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter as 'the Act') against the judgment and award dtd. 20/4/2016 (hereinafter as 'the impugned award') passed by Motor Accident Claims Tribunal No.1, Udaipur (hereinafter as 'the learned tribunal') in MAC Case no. 620/2014 (filed under Sec. 166 of the Act), whereby the learned tribunal has awarded Rs.2,25,000.00 along with interest @9% (from the date of filing of the claim petition i.e., 21/8/2014 to the appellants/claimants and held the respondents/non claimants No.2 and 3 jointly and severally liable to pay the said compensation.

(2.) Briefly stated the facts of the case are that on 28/3/2013 Mahesh @ Mithun along with Prakash was coming from Ramdevra on a Motorcycle which was driven by another Prakash and when they reached near Suman Hotel at National Highway Dechu, then a Trailer bearing Registration No.RJ-07-GB-2113 driven rashly and negligently by respondent No.1 came from wrong side and hit the motorcycle due to which Mahesh @ Mithun and Prakash got injuries and died. The FIR was lodged before the concerned Police Station and after investigation, charge sheet was filed against Respondent no.1. Subsequently, the appellants/claimants filed the claim petition- MAC Case no. 620/2014 under Sec. 166 of the Act before the learned tribunal, seeking compensation of Rs.35,20,000.00 on account of the death of the deceased child. As the respondent nos.1 and 2 has not filed any reply and respondent No.3-Insurance Company filed reply to the claim petition before the learned tribunal.

(3.) The learned Tribunal, after hearing the arguments of the parties and considering the material produced before it, vide judgment and award dtd. 20/4/2016, partly allowed the claim petition preferred by the claimants and awarded quantum of compensation to the tune of Rs.2,25,000.00 alongwith interest @ 9% p.a. and the liability was fastened upon respondent No.2 and 3 jointly and severally and thus, being dissatisfied of the award dtd. 20/4/2016 passed by learned Tribunal in Civil Misc. Case No.620/2014, insofar as it grants meager compensation amount in favour of claimants, the claimants have filed the present appeal for enhancement/modification in the award dtd. 20/4/2016.