MANIRAM & ORS. Vs. RAM SINGH & ORS.

JUDGEMENT

(1.) Instant appeal has been filed by the claimants appellants under Section 173 of the Motor Vehicles Act, 1988 seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Kekri (Ajmer) vide award dated 16/07/2009 passed in MAC Case No.119/2008 by which compensation to the tune of Rs. 3,00,000/- has been awarded.

(2.) Brief facts noticed are that on 30/06/2008 while the deceased-Pappu was going on his motorcycle from Malpura to Junia, at about 4.30 pm, one Jeep bearing No. RJ-14-U-0867, which was coming from Kekri and whose driver was driving it in a high speed, rash and negligent manner, hit the motorcycle from the wrong side consequent thereto, Pappu sustained severe and grievous injuries and was taken to hospital at Malpura and thereafter was referred to SMS Hospital, Jaipur but unfortunately he expired on 01/07/2008. An FIR to this effect came to be lodged at the concerned police station where the police after investigation filed charge sheet. The claimants appellants filed claim petition before the Tribunal and the Tribunal, after taking into consideration the material and evidence on record, allowed compensation to the extent of Rs. 3,00,000/- which according to the claimants-appellants is on lower side and hence, instant appeal has been preferred for enhancement of compensation.

(3.) Ld. counsel for the appellant limited his arguments to the effect that (i) the income adopted by the Tribunal at Rs. 3,000/- per month is without taking into consideration the material placed on record about earning of income at Rs. 8,000/- per month from Bhag Chand Construction Company where it is claimed that the deceased Pappu was working as a driver of JCB Machine and ample evidence was led in this regard and the deceased was also having valid driving license; (ii) there is no consideration of future prospect by the Tribunal which ought to have been allowed.; (iii) it is an admitted fact that the deceased was a bachelor and as such, multiplier ought to have been applied taking into consideration the age of deceased but the Tribunal has applied multiplier taking into consideration the age of the parents which is not proper in the light of the judgment of the Apex Court in the case of Munnal Lal Jain and Anr. v. Vipin Kumar and Ors., (2015) 6 SCC 347 and (iv) the total amount allowed at Rs. 30,000/- on all other heads namely; loss of love and affection, funeral expenses etc. is quite low and deserves to be enhanced.