K.BHATNAGAR,J. - (1.) THIS appeal is directed against the award by the Judge, Motor Accidents Claims Tribunal, Sri Ganganagar granted on 11 -9 -1984.
(2.) ON 20 -2 -1980 deceased Narayan Ram along with his maternal uncle Bishna Ram and one Manshram was going from Chak 47 F to Mukan. At about 12 all the three reached near Roopnagar. A jeep DHA 6851 said to be belonging to appellant Budda Ram and driven by him knocked Bishna Ram resulting in his fall. Bishna Ram sustained chest injury The jeep then knocked Narayan Ram. Narayan Ram met instantaneous death on account of the accident. Budda Ram, the jeep Driver, ran away from there along with the jeep towards Mukan. Bishna Ram went to the Police Station Karanpur and lodged the report. Murlidhar, SHO of Police Station, Karanpur, went to the site and conducted necessary investigation. On the same day he went to the house of Budda Ram and recovered jeep DHA 6251 from his house. Bishna Ram filed a claim for Rs. 8,500/ - and the mother, wife and children of Narayan Ram for an amount of Rs. 2,90,000/ - under Section 110A of the Motor Vehicles Act. The learned Judge of the Tribunal on the basis of the evidence produced by the claimants and the appellant Budda Ram gave a finding that Bishna Ram had sustained injuries and Narayan Ram met his death on account of the rashness and negligence of appellant Budda Ram.
(3.) IN view of that finding, taking into consideration the facts and circumstances of the case, award of Rs. 4,060/ - was passed in favour of Bishna Ram and Rs. 51,800/ -in favour of the heirs of deceased Narayan Ram. The learned Counsel for appellant has assailed the award passed by the learned Judge of the Tribunal firstly on the gound that without there being any convincing evidence regarding the Jeep in question being the vehicle of accident, the learned Judge has taken it for granted that this was the vehicle which had caused accident. The second limb of the arguments is regarding the amount of compensation allowed to the heirs of Narayan Ram being excessive.;