Sandeep Mehta, J. - (1.) THESE two appeals had been preferred; one by the claimants and the other by the insurance company against the judgment and award dated 3.6.2002 passed by the learned Judge, Motor Accident Claims Tribunal No. 1, Jodhpur in MAC No. 63/2000 whereby whilst accepting the claim petition filed by the claimants/appellants, a total sum of Rs. 3,94,341/ - with interest @ 9% per annum from the date of filing of the claim petition was awarded in favour of the claimants as compensation for the unfortunate death of their only son Vikram, aged 18 years.
(2.) THE claimants have approached this Court by way of CMA No. 124/2003 seeking enhancement in the awarded amount, whereas the insurance company has approached this court by way of CMA No. 547/2002 for the reduction thereof. Facts in brief are that on 8.4.1999 Vikram Lohra, the only son of the claimants, a brilliant young boy, aged 18 years, studying in the 12th standard with Science Subject was going to attend coaching classes on his Hero Puck Moped bearing registration No. RJ19.4M.3993. When he reached opposite the PWD Dak Bungalow, Jodhpur, an Ambassador Car bearing registration No. RJ19.C.1213, which was being driven at a great speed, rashly and negligently, came from behind and collided with the Hero Puck driven by Vikram resulting into grievous injuries being caused to him. The Hero Puck Moped was damaged. The injured was immediately taken to the M.G. Hospital, Jodhpur for treatment from where he was referred to the New Teaching Hospital, Neuro Surgery Department. The injured became unconscious as a result of the accident. Thereafter, on the advice of the doctors, he was taken to Mumbai by air. He remained under coma during treatment and ultimately as a result of the head injuries received in the accident, he expired in the Mumbai Hospital on 28.4.1999.
(3.) A claim petition was filed before the Motor Accident Claims Tribunal, Jodhpur by the claimants the parents of the young boy claiming that the deceased was a brilliant student. He was the only son of the claimants. He had cleared his 10th Board Examination securing 82.18% marks. He was preparing for the Pre -Engineering Test when he met with an unfortunate untimely death. There was imminent possibility of him becoming an engineer subsequent to clearing the Pre -Engineering Test. He was also preparing for entrance to the I.I.T. A total claim for Rs. 77,00,000/ - was laid by the claimants under various heads.;