JUDGEMENT
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(1.) CHALLENGE in this appeal is to the judgment and award dated 31st October, 2001 whereby the Motor Accident Claims Tribunal, Jaipur, decreed an amount of Rs. 1,55,000/- in favour of claimants-appellants and against the non claimants-respondents on account of an accident having taken place on 27.04.1996 at about 6:00 p.m., when the deceased Shankar was sitting inside a bus bearing Registration No. RJ-14-P-1095. It is alleged that the driver of the bus took sharp turn rashly and negligently, as a result of which the bus turned turtle and the deceased Shankar sustained grievous injuries, who later on succumbed to the same. Being dissatisfied with the amount of compensation, the instant appeal has been filed by the claimants-appellants for enhancement of the quantum of compensation.
(2.) LEARNED counsel for the appellant canvassed that the learned Tribunal has not awarded a single penny under the head of loss of love and affection, hence, in the interest of justice, the quantum of compensation should be enhanced and the impugned award be modified.
Learned counsel for the respondents-non claimants does not object to it. Having heard the learned counsel for the parties and carefully perused the relevant material on record including the impugned award, I, with the consent of the learned counsel for the parties, do feel inclined to enhance the quantum of compensation of Rs. 1,55,000/- to Rs. 1,80,000/- keeping in view the loss of love and affection.
In the result, the appeal is partly allowed. The claimants appellants are held entitled to get an amount of Rs. 1,80,000/- instead of Rs. 1,55,000/- from the non claimants-respondents. Rest of the terms under the award shall remain unchanged. Impugned award stands modified as indicated here-in-above. The appeal stands disposed of, accordingly.;
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