RAM RAGHUNATH B MANTRI Vs. DEVI SHANKAR

JUDGEMENT

(1.) HAVING lost their young son, having been paid a meager amount of Rs. 75,000/- by way of compensation, the appellants have challenged the award dated 13. 5. 1997 passed by the Motor Accident Claims Tribunal, Jaipur District, Jaipur for enhancement.

(2.) THE brief facts of the case are that on 11. 5. 1991 the appellants son Anant was travelling in a bus, bearing Registration No. RRO 6244, as a passenger. In the morning around 5. 00 AM the driver of the bus drove the bus in a rash and negligent manner, which resulted into an accident. Because of the impact, the bus feel into a ditch. Consequently, Anant suffered injuries and subsequently, he scummed to the said injuries. At the time of his death, the deceased was 17 years old according to his parents. THErefore, the appellants-the parents of the deceased, filed a claim petition before the learned Tribunal. In order to support their case, they examined two witnesses and submitted eight documents. THE respondent No. 2, Insurance Company, neither examined any witness, nor submitted evidence. After going through the oral and documentary evidence, the learned Tribunal granted a lump sum of Rs. 75,000/ -. Hence, this appeal before this Court by the appellants.

(3.) IN the result, this appeal is allowed and the award dated 13. 5. 1997 is modified to the extent that the appellants shall be paid Rs. 1,95,000/- along with an interest @ 12% per annum from the date of filing of the claim petition till the date of award i. e. 13. 5. 1997 and from the date of filing of this appeal i. e. 30. 7. 1997 till the date of realization, they shall be entitled to only 9% interest per annum. Since this Court is informed that Rs. 75,000/-, as awarded by the learned Tribunal, has already been paid to the appellants, the said amount shall be adjusted in the enhanced compensation. Therefore, the interest need to be paid only on the enhanced amount as indicated above. The learned Tribunal is directed to realize the enhanced amount, along with the interest from the respondents, within a period of two months and to deliver the same to the appellants within the said period from the date of receipt of certified copy of this order. .