SANAT KUMAR Vs. BHEEM SINGH

JUDGEMENT

(1.) The appellants-claimants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'Act of 1988') for enhancement of amount of compensation awarded by learned Motor Accident Claims Tribunal Udaipur, vide judgment and award dated 03.03.2000, while adjudicating their Claim Case No.463/1996 under Section 166 of the Act of 1988. The learned Tribunal, by the award impugned, has assessed compensation to the tune of Rs.1,42,200/-.

(2.) Succinctly stated facts of the case are that on 14.08.1996 appellant No.1, his wife Anita and sons Mohit and Nihal were on their way to Barsawan Mataji temple riding on a scooter. At about 10:30 AM, Dumper bearing No.RJ 27 1G 2220, coming from opposite direction, driven by its driver rashly and negligently hit the scooter. Due to said accident, Mohit expired on spot and Smt. Anita suffered multiple injuries and during treatment she also expired. The claimants filed three claim petitions separately before the learned Tribunal; first Claim Case No.461/1996 for the injuries suffered by Sanat Kumar, second Case No.462/1996 for death of Mohit and third Case No.463/1996 for death of Smt. Anita. The claim petitions were contested by the respondents and the learned Tribunal on the basis of pleadings of rival parties framed as many as five issues.

(3.) The claimants examined a solitary witness and exhibited nine documents. However, no oral or documentary evidence was produced on behalf of the respondents. After hearing learned counsel for the parties, the learned Tribunal in Claim Case No.463/1996 awarded compensation to the tune of Rs.1,42,200/- vide judgment and award dated 002000. Being aggrieved and dissatisifed with the judgment and award, the appellant-claimants have preferred the present appeal for enhancement of compensation amount.