NARENDRA KUMAR JAIN, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE claimant appellant has filed this appeal challenging the finding of the Motor Accident Claims Tribunal, Bundi in Motor Accident Claims Case No. 128 of 1990 vide judgment/award dated 2.8.1996 in respect of issue Nos. 1 and 4. In issue No. 1, Tribunal held that scooter rider was also responsible for this accident. In issue No. 4, the Tribunal held that the deceased -sdooter rider was responsible for this accident upto 70% whereas bus driver was responsible upto 30%. While deciding issue No. 2, the learned Tribunal passed an award of compensation of Rs. 1,00,000, but in view of finding of issue Nos. 1 and 4, deducted 70% out of it and directed to make the payment of remaining amount of 30% i.e., Rs. 30,000 as compensation to the appellant. Initially, the claimants Mahaveer and Smt. Sheela, parents of deceased Sandeep Jain filed an application for compensation under Sections 166 and 140 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal, Bundi a in respect of death of Sandeep Jain in an accident, which took place on 24.5.1990 arising out of use of motor vehicle. The claimant Mahaveer died during the pendency of claim application. Learned Tribunal after considering the evidence on record decided the claim application vide impugned judgment as mentioned above. Being aggrieved with the same, the present appeal has been filed before this Court.
(3.) LEARNED Counsel for the appellant contended that the learned Tribunal has committed an illegality in deciding issue No. 4 helding the scooter rider liable for this accident upto 70%. He further contended that from the statements of P.W. 2, P.W. 3 and the site plan, it is clear the there was no negligence on the part of the scooter rider i.e., deceased. He also contended that the deceased was 18 years of age and was to appear in PET examination. He was a meritorious student, therefore, looking to all the facts and circumstances of the case, the amount of compensation of Rs. 1,00,000 awarded in the present case is a meagre amount and it should be enhanced to a lumpsum amount of Rs. 1,50,000 at least. He contended that Hon'ble Supreme Court and this Court has awarded Rs. 1,50,000 as compensation in the cases of death of even minor in motor accident.;