JAYVANTI Vs. BASHIRKHAN

JUDGEMENT

(1.) The unfortunate parents of deceased Nandlal have preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short, 'Act') seeking enhancement of compensation awarded by Motor Accident Claims Tribunal, Jodhpur (for short, 'learned Tribunal') vide award dtd. 11/4/2000, passed in M.A.C. No. 1067 of 1995, partly allowing their claim petition filed for compensation under Sec. 166 of the Act and awarding a sum of Rs.1,50,000.00 with interest against the total compensation of Rs.19,76,000.00 claimed by them.

(2.) Though none has appeared in the matter on behalf of appellants today, but as the matter was earlier ordered to be listed before National Lok Adalat, the counsel appearing for insurance company, in the backdrop of facts and circumstances of the case that son of the appellants Nandlal, aged 22 years, who was in employment of a firm and in connection therewith was accompanying vegetables and fruits being transported from Jodhpur to Jaisalmer in the offending truck, which was insured with National Insurance Company respondent No. 4 herein, tuned turtle near Kaylana on a turn due to rash driving of the truck and expired instantaneously and as the appellants were dependent on him, has agreed to pay additional compensation amount of Rs.2,00,000.00 as enhanced amount of compensation.

(3.) After going through the award, record of learned Tribunal and the pleadings of present appeal, in my considered opinion, the proposal made by learned counsel for the insurance company in the peculiar facts and circumstances of the case is just and reasonable enhancing compensation by additional lumpsum amount of Rs.2,00,000,.00 which the respondent-Insurance Company Insurer is prepared pay to settle the matter perpetually.