G.L. Gupta, J. - (1.) This appeal for enhancement by claimants has been preferred against the Award passed by the learned Motor Accident Claims Tribunal, Jaipur on 12th May, 1992 awarding a sum of Rs. 72,000/- to the claimants.
(2.) The accident took place on 22nd February, 1986 at about 11.00 a.m. Deceased Swarooplal alias Ramswaroop (16 years) was moving on a cycle when the Jeep RJV 5813 hit him. Ramswaroop fell down having sustained injuries. He was shifted to hospital but he died in the early morning on the next day. In the claim application it was averred that the accident occurred because of driving the Jeep rashly and negligently by Mohd. Iliyas and that Ramswaroop was in a position to earn Rs. 2,000/- after about 4 years. Rs. 3,14,800/- were claimed as compensation. In the reply, the Insurance Company took certain legal objections pleading that there was contributory negligence of the deceased. The owner and the driver did not file reply. The Tribunal framed 5 issues. After recording the evidence and hearing the parties, the Tribunal held under Issue No. 1 that the cause of accident was the rash and negligent driving of the Jeep. Under Issue No. 3, the Tribunal held that Rs. 72,000/- was the just compensation.
(3.) I have heard the arguments of the learned Counsel for the parties and perused the record of the case.;