BHAGWAN DASS Vs. MOTILAL

JUDGEMENT

(1.) THIS is an appeal directed against the judgment and award dated 22 -11 -1983 passed by the Motor Accident claims Tribunal Jodhpur.

(2.) THE brief facts giving rise to this appeal are that an accident took place on 31 -10 -1981 at about 11 A.M. near P.W.D office, Jodhpur wherein truck bearing No. RJE 3617 dashed against deceased Bhupendra aged 9 years As a result of this accident, deceased Bhupendra aged 9 years and a student of 5th class died. A claim petition was preferred by father and mother of deceased Bhupendra before the Tribunal. The learned Tribunal after recording the necessary evidence and hearing both the parties found that the accident took place on account of the rash and negligent driving of the driver and it awarded compensation in the sum of Rs. 15,000/ - to the claimants for death of Bhupendra. The truck was insured with United India Insurance Co. Therefore, the Tribunal directed that the amount of compensation will be recoverable from all the non -claimants.

(3.) AS against this, Mr. Lodha as well as Mr. Jasmatiya submitted that the amount of Rs. 15,000/ - as compensation for the death of a boy aged 9 years is not on the lower side as the chance of uncertainty in life is always there.