- (1.) The present appeal filed under Section 173 of Motor Vehicle Act, 1988 (hereinafter referred to as 'the said Act') by the appellants-claimants seeking enhancement of the compensation arises out of the judgment and award dated 24.8.96 passed by the Motor Accidents Claims Tribunal, Jaipur City, Jaipur (hereinafter referred to as 'the Tribunal') in Claim Case No. 591/93, whereby the Tribunal has awarded Rs. 70,000/- for the death of Ganesh son of the appellants.
(2.) It has been sought to be submitted by the learned counsel Mr. Kamal Gupta for Mr. Mahesh Gupta for the appellants that the age of the deceased was about 18 years and he was studying in the school as well as doing some craft work and earning Rs. 800-900 per month at the time of accident which took place on 11.9.93. According to him, even if the minimum income of the deceased is considered to be Rs. 15,000/- per year as per the Schedule annexed to the said Act for the non earning member, the appellants would be entitled to the compensation atleast to the extent of Rs. 2 lacs. However, the Tribunal had committed an error in appreciating the evidence and in awarding the lumpsum amount of Rs. 70,000/- towards the compensation for the death of their son.
(3.) However, the learned counsel Mr. A.K. Pareek for the respondent No.2-Insurance Company submitted that the appellants have failed to produce any evidence before the Tribunal as regards the age, income or his studies, and hence the Tribunal has rightly awarded lumpsum compensation of Rs. 70,000/- which is just and proper.;