LAWS(RAJ)-2005-8-72

TUNDA RAM Vs. GHANSHYAM

Decided On August 11, 2005
Tunda Ram Appellant
V/S
GHANSHYAM Respondents

JUDGEMENT

(1.) THIS appeal is preferred by appellant -claimants for enhancement of the compensation against the award passed by the learned Motor Accident Claims Tribunal, Dausa on 17.1.2003 in Claim Case No. 70/1999.

(2.) BRIEF facts of the case are that the claimant - appellants filed claim application before the Tribunal for the loss suffered by them due to death of their son Mahesh, aged 18 years, in the accident which took place on 26.1.1999 due to rash and negligent driving of the jeep bearing registration No. RJ 29P 0302. Learned Tribunal awarded compensation of Rs. 1,65,000/ -. Being aggrieved and dissatisfied by the compensation awarded by the learned Tribunal, this appeal has been filed.

(3.) IT was contended on behalf of the appellants that the deceased was 18 years old son of the appellants. He was a student and was also doing agricultural work in the parental agricultural land. He was earning a substantial amount per month, but the learned Tribunal assessed the compensation on the basis of notional income, which was not proper. It was also contended that appellants have lost their 18 years old son in the accident, but the learned Tribunal did not award any amount in the head of 'loss of love affection' to them.