SHEELA Vs. RAJASTHAN STATE ROAD TRANSPORT

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE claimant appellant has filed this appeal challenging the finding of the Motor Accident Claims Tribunal, Bundi in Motor Accident Claims Case No. 128 of 1990 vide judgment/award dated 2.8.1996 in respect of issue Nos. 1 and 4. In issue No. 1, Tribunal held that scooter rider was also responsible for this accident. In issue No. 4, the Tribunal held that the deceased -sdooter rider was responsible for this accident upto 70% whereas bus driver was responsible upto 30%. While deciding issue No. 2, the learned Tribunal passed an award of compensation of Rs. 1,00,000, but in view of finding of issue Nos. 1 and 4, deducted 70% out of it and directed to make the payment of remaining amount of 30% i.e., Rs. 30,000 as compensation to the appellant.

(3.) LEARNED Counsel for the appellant contended that the learned Tribunal has committed an illegality in deciding issue No. 4 helding the scooter rider liable for this accident upto 70%. He further contended that from the statements of P.W. 2, P.W. 3 and the site plan, it is clear the there was no negligence on the part of the scooter rider i.e., deceased. He also contended that the deceased was 18 years of age and was to appear in PET examination. He was a meritorious student, therefore, looking to all the facts and circumstances of the case, the amount of compensation of Rs. 1,00,000 awarded in the present case is a meagre amount and it should be enhanced to a lumpsum amount of Rs. 1,50,000 at least. He contended that Hon'ble Supreme Court and this Court has awarded Rs. 1,50,000 as compensation in the cases of death of even minor in motor accident.