MITHA LAL Vs. BHERU LAL

JUDGEMENT

(1.) The present appeal has been preferred by the appellants for enhancement of the amount awarded by the learned Motor Accident Claims Tribunal, Rajsamand vide judgment & award dated 04.09.2001 in Motor Accident Claim Application Case No. 293/1999.

(2.) The counsel for the appellants submits that Prakash Chaplot who was son of the appellants, while going on his motor cycle bearing registration No. RJ1/M 8446 met with an accident with a Bus bearing registration No. RSJ/6311 on 27.04.1999 at around 10:00 P.M.

(3.) In these circumstances, a claim petition was filed by the appellants, who are mother and father of the deceased Prakash Chaplot on the ground that their son Prakash Chaplot died due to the rash and negligent driving by the driver of the above said bus. To this claim petition, a detailed reply was filed by respondent No. 3 denying the contentions raised in the claim petition. On completion of the pleadings, the learned Tribunal framed as many as five issues for adjudication of the claim petition. After hearing the counsels for the parties, the learned Tribunal decided the claim petition and awarded a sum of Rs. 2,16,000.00 in favour of the appellants and directed the respondents to pay an interest @ 9% per annum on the amount awarded from the date of filing of the claim petition.