- (1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 ('the Act') has been filed for enhancement of compensation awarded by the Motor Accident Claims Tribunal-I, Jodhpur ('the Tribunal'), whereby the Tribunal has awarded a sum of Rs.88,000/- to the claimants for the death of Kumari Jhamu daughter of the appellants aged about 12 years.
(2.) THE facts in brief are that the claimants filed an application seeking compensation for death of their daughter Kumari Jhamu, who was aged about 12 years and was involved in the accident on 12.8.1994 with Jeep No.RST-4616, which was allegedly being driven rashly and negligently by its driver Murlidhar. Kumari Jhamu suffered injuries and during the course of treatment, she died on 14.8.1994 at hospital. The claimants claimed compensation to the tune of Rs.5,20,000/-. The application was opposed by the owner, driver and insurance company. The Tribunal framed four issues and after parties led their evidence, it came to the conclusion that the accident occurred on account of rash and negligent driving by the driver of the jeep, which resulted in death of Kumari Jhamu, the claimants were entitled for compensation to the tune of Rs.88,000/- (taking the dependency at Rs.9,000/- per annum and applying the multiplier of 08 and after awarding Rs.2,000/- towards funeral expenses, Rs.5,000/- towards treatment, Rs.2,000/- towards suffering and Rs.5,000/- towards mental and physical pain), the Insurance Company was liable to pay the compensation and recover the same from the owner of the vehicle.
(3.) IT is submitted by learned counsel for the appellants that the amount awarded by the Tribunal is quite meager and on lower side and in fact, it is contrary with law laid down by the Hon'ble Supreme Court in Manju Devi & Anr. vs. Musafir Paswan & Anr. : 2005 ACJ 99, wherein the Hon'ble Supreme Court for the death of a boy aged 13 years awarded compensation to the tune of Rs.2,25,000/-.;