BALVEER SINGH Vs. ARJUN SINGH

JUDGEMENT

(1.) Appellants, who have lost their young bachelor son, have preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short, 'Act') for enhancement of compensation amount determined and awarded by Motor Accident Claims Tribunal, Dungarpur (for short, 'Tribunal') by judgment and award dated 25th of August, 2011, passed in MAC Case No.2/2005, questioning the impugned judgment and award on two counts; firstly, that the learned Tribunal has grossly erred in absolving the insurer of its liability to pay compensation, and secondly, the amount of compensation quantified and awarded by the learned Tribunal is not adequate.

(2.) By the impugned award, learned Tribunal decided the claim petition of the appellants under Sec. 166 of the Act and one other claim petition bearing MAC Case No.3164/2005, filed by injured Jitendra Singh, arising out of the same accident. The learned Tribunal awarded compensation to the appellant-claimants to the tune of Rs.6,20,000.00 under different heads against the claimed amount of Rs.31,75,000.00 fastening liability on owner and driver of the offending vehicle. The learned Tribunal also awarded interest @6% per annum from the date of filing of the claim petition.

(3.) The facts, apposite for the purpose of this appeal, are that on the fateful day of 25th of September, 2004, when deceased Prashant along with Jitendra Singh was on way to Ambaji, riding motorcycle bearing registration No.RJ12-2M-3348, near Mobgardh on a sloppy turn, Tempo No. RJ-14-1G-0548 driven at high speed rashly and negligently hit them. The accident resulted in sustaining grave and serious injuries to both and during treatment Prashant, son of present appellants, expired. The said accident was reported to the police and FIR was lodged, which eventually culminated into filing of charge-sheet against first-respondent Tempo driver. The appellant-claimants quantifying the claim of Rs.31,75,000.00 under different heads, inter-alia, pleaded that at the time of death deceased Prashant was 21 years old and was serving with Contractor Karansingh as Supervisor and thereby earning Rs.4800.00 per mesem.