RENU KANWAR Vs. MOHANLAL SON OF ONKARLAL SUMAN

JUDGEMENT

(1.) The instant appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation has been preferred by the claimant/appellants against the judgment and award dated 31.03.2010 passed by Motor Accident Claims Tribunal, Baran (hereinafter referred as "the Triunal") in Claim Petition No.144/2007 titled as Renu Kanwar & Ors. versus Mohanlal & Anr., whereby, the learned Tribunal has allowed the claim petition and awarded compensation of Rs.4,57,000/- to the claimant/appellants alongwith interest @ 7.5% per annum from the date of filing of the claim petition.

(2.) Skeletal material facts necessary for disposal of this appeal are that on 02.06.2007, Motisingh was going towards Nareda by motorcycle, when he reached nearby Patheda Road Ki Puliya, Shivaji Colony Ke pass in Baran, a Jeep bearing No.RJ-28- T-0180 driven rashly and negligently by it's driver nonclaimant/respondent No.1 Mohan Lal, came from opposite direction and hit the motorcycle. Motisingh sustained grievous injuries in the accident and died on the spot. FIR of the incident was lodged at Police Station Kotwali, Baran bearing FIR No.244/2007 and after investigation charge-sheet was filed for trial of offence under Section 279 & 304-A of IPC against the nonclaimant/respondent No.1.

(3.) Claimant/Appellants being widow, two minor sons and parents of the deceased have filed the claim petition before the Motor Accident Claims Tribunal, Baran under Section 166 of the Motor Vehicles Act, 1988 for compensation of Rs.45,82,000/-. It is averred in the claim petition that at the time of accident, the deceased Motisingh was 26 years aged having good health. Deceased Motisingh was Muneem at medical store of Ashu Gupta and was receiving Rs.4,500/- per month from there. He was earning Rs.3,500/- per month from his agricultural land also.