- (1.) This appeal has been preferred against the award dated 15th January, 1992 made by the Motor Accident Claims Tribunal, Bikaner in Claim Case No. 40/1988 awarding a sum of Rs. 1,00,000 as compensation to the wife, daughter and parents (the appellants) of the vehicular accident victim Bheru Singh, about 21 years in age, on the basis of a settlement said to have been arrived at before Lok Adalat. The claimants have assailed the award so made by the Tribunal fundamentally with the submission that the Counsel entered into such so-called settlement without their consent and that the amount so awarded "remains grossly inadequate than that of just compensation.
(2.) The claimants filed the claim application aforesaid on 8th July, 1988 before the Motor Accident Claims Tribunal, Bikaner stating their place of residence at Uniyara District Tonk and submitted that the deceased Bheru Singh was 21 years in age and was earning Rs. 1,500 per month. Narrating the incident, the claimants averred that on 27th April, 1988 at about 6.50 p.m. the deceased, while proceeding on his bicycle in front of the office of Executive Engineer, Agricultural Marketing Board at Bikaner, was hit by a rashly driven truck bearing registration No. RJK 8031; and he succumbed to the injuries sustained in the accident; that F.I.R. No. 87 was registered with the Police Station, Sadar, Bikaner and after investigation of challan was filed against the non-applicant No. 1, the truck driver, for offences under Sections 279, 304A of the Indian Penal Code. For quantification of compensation, the claimants averred that the deceased Bheru Singh was a college student of Second Year (Commerce) studying at Rampuriya College, Bikaner and on the fateful day he was returning after appearing in last paper of his examination. The claimants alleged that the deceased was the only son of his parents and all his five sisters were already married; that the deceased had started earning from the age of 16 years and was contributing to the family. According, to the claimants, the deceased was maintaining a dairy farm in the name of Bheru Dairy, Bikaner and was maintaining cattles; and selling the produce of said dairy farm, he was taking care of his wife, daughter and parents and so also the sisters as he was earning about Rs. 1,500 per month and was spending only Rs. 200 on himself. The claimants also alleged that the deceased has a reasonably bright academic career and had already obtained an appointment letter from the Bank on the post of Cashier-cum-Clerk and upon joining he would have earned about Rs. 1,500 per month. Stating the likelihood of the deceased earning upto the age of 70 years and contributing to the family and also stating non-pecuniary losses the claimants in all claimed an amount of Rs. 11,50,400 towards compensation and claimed separate amount of Rs. 15,000 under Section 92A as First Mentioned Compensation.
(3.) The claim application was contested by the non-applicant Nos. 1 and 2, the driver and owner of the truck in question. While stating general denial of the claim averments, the non-applicants alleged that the accident occurred for the negligence of the deceased himself; that the deceased was merely a student and was not earning as alleged. The said non-applicants also submitted that the vehicle was insured with New India Assurance Company under Cover Note No. 084441 from 12th October, 1987 to 11th October, 1988 and, therefore, liability for payment of compensation, if any, remains that of the insurer.;