INDER MAL AND ORS. Vs. DAVENDRA KUMAR PATEL

JUDGEMENT

(1.) -This appeal by the claimants for enhancement of the amount of compensation has been directed against the award dated 23.4.1991 passed by the judge. Motor Accident Claims Tribunal, Tonk, by which the learned judge of the tribunal awarded a sum of 25,000.00 as compensation and dismissed thee remaining claim of the claimant -appellants.

(2.) Claimants Inder Mal and four others filed a Claim Petition before the Motor Accident Claims Tribunal, Tonk for the award of compensation amounting to Rs. 10,18,500.00. The case of the claimants, as set-out in the claim petition, is that deceased Manoj was the son of claimant-appellants No. 1 & 2. At the time of his death in the accident, he was aged about six years and was a student of Class 1. On the fateful day he had gone to witness Gaurchand Prabha fair in village Mehandwas. At about 8.45 on 24.9.1986 he was hit by a Jeep No. RBL 4205 which was being driven rashly and negligently by its driver Davendra Kumar Patel. The accident took place in the crowded place in the fair itself. Deceased Manoj sustained serious injuries in this accident and died at the spot. The Claimants claimed Rs. 9,36,000.00 on account of loss of dependency, Rs. 60,000.00 on account of untimely death of Manoj, Rs. 20,000.00 on account of loss of love and affection and Rs. 2,500.00 as the expenses met-out in the funeral etc. of deceased Manoj and as such the claimants, in all, claimed Rs. 1,10,500.00.

(3.) The claim petition was contested by the owner cum driver as well as the insurance company. The claimants, in support of their case, examined AW 1 Inder Mal - the father of the deceased - and three other witnesses. The respondents, in defence, examined NAW 1 Davendra Kumar Patel - the owner and the driver of the jeep. The learned Judge of the Tribunal, from the evidence produced by the respective parties, came to the conclusion that the accident was the result of rash and negligent driving of the jeep by its owner cum driver Davendra Kumar Patel and awarded the compensation as stated above.