MOHD. SALIM FAROOQUI Vs. RAM LAL

JUDGEMENT

(1.) THROUGH this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellants seek to modify the award dated 7.8.1997 passed by the learned Judge, Motor Accident Claims Tribunal, Kota, whereby the learned Judge has awarded a sum of Rs. 1,08,000 out of the total claim of Rs. 9,00,000 as claimed by the claimants.

(2.) I have heard learned Counsel for the appellant and gone through the award sought to be modified. An unfortunate accident took place where Mohammed Ismile, a boy of 21 years was run over by the offending truck No. RJC 248 insured by the New India Insurance Company Ltd., respondent No. 3. In the claim petition, the claimants have claimed compensation to the tune of Rs. 9,00,000 under various heads. The learned Judge, on consideration of evidence and material available on record and having concluded that the accident took place on account of rash and negligent driving of truck by its driver has awarded a sum of Rs. 1,08,000, making the respondents liable to pay the award amount to the claimants, jointly and severally.

(3.) I have considered the above argument. In my considered view, the grievance of the learned Counsel for the appellants appears to be reasonable and thus taking into account the age of the deceased at the time of accident, I feel that amount of compensation awarded by the Tribunal need to be enhanced. Even in cases of death of boys of the age ranging from 9 -21 years, the Apex Court has awarded compensation to the extent of Rs. 1,50,000. Reference may be made to a decision of the Apex Court in Shanti Bai and Ors. v. Charan Singh and Ors. : AIR1999SC845 , where the age of the deceased at the time of accident was 18 years. The Tribunal had awarded a total compensation of Rs. 40,000. The High Court dismissed the appeal of the claimants. The Apex Court on considering the future economic prospects of the deceased, had he survived, enhanced the award to a lump sum amount of Rs. 1,50,000.