SHYAM SUNDER Vs. MAHESH PRASASD

JUDGEMENT

(1.) THIS appeal has been directed against the award dated 7. 8. 1999 passed by the Motor Accidents Claims tribunal, Beawar in Claim Petition No. 73 of 1996 whereby a sum of Rs. 2,15,000 has been paid as compensation on account of death of a boy of 141/2 years, in a road accident.

(2.) THE deceased Mithlesh Kumar, on 2. 10. 1995 at 7. 30 a. m. near Gandhi Thori-yan Milk Dairy Booth was travelling in jeep No. RJ 141-C 0867 being driven by its driver rashly and negligently. The driver of the jeep started overtaking the truck being plied parallel to the jeep. On seeing another truck coming from the opposite direction, the jeep driver got perplexed and lost control over the vehicle, as a result of which the jeep collided with the truck coming from the opposite direction causing serious injuries to Mithlesh Kumar and other passengers whereas Kusum died on the spot.

(3.) THE injured Mithlesh Kumar was taken to Beawar Hospital from where he was shifted to Jaipur Hospital through a private taxi, scaling a distance of 225 km. He remained in the hospital for 80 days. During treatment, the injured engaged the services of an attendant and also spent money on purchase of medicines and on other allied things such as prescribed diet and transportation. However, later on he expired.