SOBHAGMAL JAIN,J. - (1.) THIS appeal is directed against the award dated April 17, 1985 of the Motor Accidents claims Tribunal, Jodhpur, allowing a sum of Rs. 42,000/ - as compensation to the appellants. The Tribunal has also specified the amounts to be paid to the appellants individually, out of the aforesaid compensation.
(2.) THE accident took place on June 5, 1982, resulting in the death of Kan Singh who was a Chief Guard in the Ground Water Department. The accident was caused by truck No. RJO 5263 belonging to the Government of Rajasthan, which at the time of the accident, was being driven by Kalyan Singh, driver. A claim petition was filed by Smt. Kamla, widow of the deceased, and Balu Ram, his son. The claimants claimed a sum of Rs. 1,35,000/ - as compensation. It was alleged that the accident was caused on account of rash and negligent driving of the truck by Kalyan Singh. The Tribunal, by the award dated April 17, 1985, held that the accident resulting in the death of Kan Singh was caused on account of the rash and negligent driving of Kalyan Singh. In the accident Kan Singh was run over by the truck and died at the spot. The Tribunal awarded a sum of Rs. 42,000/ - as compensation to the appellants. Out of this, a sum of Rs. 27,000/ - was directed to be paid to Smt. Kamla Devi and Rs. 15,000/ - to Balu Ram. The Tribunal also allowed interest at the rate of 10 per cent per annum from December 1, 1982. The Tribunal has also given directions about the mode of payment of the amount of compensation to the claimants. Being aggrieved by the aforesaid award, the appellants have filed this appeal for enhancement under Section 110 -D of the Motor Vehicles Act, 1939.
(3.) MR . D.K. Parihar, learned Counsel for the appellants, has contended that the Tribunal has committed an error in disallowing compensation claimed by the appellants on account of loss of life, love and affection and consortium of the spouse/father.;