GOPAL & OTHERS Vs. RATI RAM & OTHERS

JUDGEMENT

(1.) The instant appeal is directed against the award dated 17.10.2008 passed by Motor Accident Claims Tribunal, Tonk, in Claim Petition No.418/2007.

(2.) Brief facts noticed are that Kamlesh Kumar had gone to the river on tractor no.RJ26 RA 1741 with respondent No.1 at about 2:30 P.M., and it is alleged that since the height of the pal at the river was quite high, Kamlesh Kumar got down from the tractor and started walking side by side, and subsequent to that the tractor became imbalanced and overturned, and consequent to overturning of the tractor, Kamlesh Kumar came under the tractor as a result of which he died on account of severe head injury. FIR was lodged bearing no.8/2007 and after challan, charge-sheet was filed against respondent No.1 Rati Ram, who was driver of the tractor. It is stated that at the time of incident, deceased was of 21 years of age and was a student of IInd year engineering (B.E.). A claim of Rs.79,25,000/- came to be lodged by the claimants, father and other relatives, and the Tribunal after considering the entire material and facts, allowed claim to the extent of Rs.2,50,000/-, and while allowing the claim, the owner of the tractor was held liable for making good the amount allowed by the Tribunal and the Insurance Company was exonerated.

(3.) Learned counsel for the appellants contended that the amount allowed at Rs.2,50,000/- is grossly low and contended that the deceased was a brilliant student, who was a student of IInd year engineering (B.E.) and since he was brilliant student, he was admitted in the engineering course and had a bright future. He contended that the amount ought to have been raised suitably in the light of judgment rendered by the Hon'ble Apex Court in Radhakrishna & Another v. Gokul & Others (Civil Appeal No.9858/2013 decided on 31.10.2013).