NATI Vs. BABU LAL

JUDGEMENT

(1.) THE present appeal has been filed by the claimants-appellants against the judgment and award dated 7. 4. 2007 passed by learned Judge, Motor accidents Claims Tribunal, Jodhpur (in short 'the Tribunal') in Claim Case No. 35 of 2007 whereby the learned Tribunal has awarded a sum of Rs. 1,80,000 as compensation in favour of claimants-appellants and the said amount has been ordered to be payable jointly and severally by the respondents along with interest at the rate of 6 per cent per annum from the date of filing of the claim petition, i. e. , 2. 1. 2007.

(2.) BRIEFLY stated the facts relevant for the disposal of the appeal are that in the morning of 26. 11. 2006, Jitendra Kumar alias Jitu was going from Sursagar to kailana to meet his relatives. Jitendra was travelling in city bus bearing No. RJ 19-P 3657 after paying the regular fare. The city bus was being driven by Babu Lal, non claimant No. 1-respondent No. 1. When the bus reached near the Kailana circle at about 10-10. 15 a. m. , Jitendra (deceased)asked the conductor of the bus to stop the bus. The driver of the bus stopped the bus at the circle itself and as soon as he stepped down one foot from the bus, the driver started the bus as a result thereof Jitendra fell down and the rear wheel of the bus hit over his head causing grievous injury to him. He was admitted in Mahatma Gandhi hospital, Jodhpur where he succumbed to his injuries. It was stated in the claim petition that Jitendra Kumar was of 14 years and he was studying at the time of accident, he was having a bright future, he would have earned more income of becoming a doctor or executive officer in future and in ensuing years he would have been a prospective bread-earner of the family if he had not died in accident. Due to his untimely death in accident, the claimants suffered monetary loss as well as suffered mental shock.

(3.) A claim petition under section 163-A of the Motor Vehicles Act was filed by parents of the deceased before the learned motor Accidents Claims Tribunal, Jodhpur against the driver-cum-registered owner, respondent No. 1 and the insurer, respondent No. 2 of the offending city bus and a total amount of Rs. 4,07,500 was claimed as compensation on different heads. It was prayed that reasonable compensation may be awarded and respondents may be held responsible jointly and severally to make payment for the same.