KRISHAN PAL SINGH AND ANR. Vs. SITA RAM AND ORS.
LAWS(RAJ)-2016-8-43
HIGH COURT OF RAJASTHAN
Decided on August 11,2016

Krishan Pal Singh And Anr. Appellant
VERSUS
Sita Ram And Ors. Respondents

JUDGEMENT

Arun Bhansali, J. - (1.) This appeal for enhancement of compensation under Section 173 of the Motor Vehicles Act, 1988 ('the Act') is directed against the judgment & award dated 13/6/2007 passed by the Motor Accident Claims Tribunal, Sirohi ('the Tribunal') whereby, the Tribunal has awarded a sum of Rs. 3,45,000/- as compensation along with interest @ 7.5% p.a w.e.f. 28/2/2006.
(2.) The application for compensation was filed by the appellants-claimants inter alia with the averments that on 18/10/2005 at about 6.45 p.m. the deceased Harshvardhan Singh son of the claimants was riding Bajaj Boxer Motor Cycle when the offending Truck No. RJ-07-G-2186, which was being driven rashly and negligently by Sita Ram, collided with the Motor Cycle resulting in grievous injuries to Harshvardhan Singh, to which he succumbed. The Motor Cycle was completely damaged. It was claimed that the age of the deceased was 22 years, he was studying in L.L.B. Final Year in Bhupal Nobles Law College at Udaipur and used to do computer work in the offices of two advocates and earn Rs. 6,000/- per month. The compensation to the tune of Rs. 18,00,000/- towards loss of income, Rs. 2,00,000/- towards love and affection, Rs. 2,00,000/- towards mental agony and Rs. 5,60,000/- for loss of estate and Rs. 40,000/- for damage to Motor Cycle and Rs. 15,000/- towards funeral expenses were claimed.
(3.) On notices being issued, the driver and owner disputed the averments made in the application and denied the fact of accident.;


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