AI Structured Summary
Not yet generated for this judgment
Judgment
This order shall also govern disposal of M.A. No. 1401 of 2000, Dr. Pramod Sharma and Ors. v. Gurupreet Singh and Ors. as both appeals arise out of the common award passed by the 7th Motor Accident Claims Tribunal, Indore on 15th September, 2000.
Ku. Ruchi and Ku. Prachi, aged about 18 and 17 years, respectively and real sisters, lost their lives in a motor road accident on 15.12.2000 while they were going on Kinetic Honda scooter to their school. They met their tragic end at A.B. Road crossing near Shivaji statue when the respondent No. 2, driver of the truck bearing registration No. MP-09-B-5979 came from behind and hit the scooter. The front wheel of the truck dragged the scooter and both the girls to a distance of 50 to 60 ft. and on account of the impact both girls died on the spot. At the time of the accident the girls were prosecuting their studies of 12th Class in St. Raphels Convent. The FIR (Ex. P7) was lodged by Rajju (P.W. 4) an eye witness to the accident.
The Claims Tribunal on proper appreciation of evidence came to the conclusion that respondent No. 2, driver, of the offending vehicle was responsible for causing the accident on account of his rash and negligent driving. At the time of the accident the truck belonged to respondent No. 1 and was insured with respondent No. 3, the New India Assurance Company. The Tribunal found that deceased were meritorious students hailing from good family background. Tribunal awarded a sum of Rs. 1,00,000 each for the death of Ku. Ruchi and Ku. Prachi, to the appellants who are parents and adopted brother of deceased.
The finding of the Tribunal that respondent No. 2 was responsible for causing the accident was not assailed before us. It is also not disputed that at the relevant time the offending truck was insured with respondent No. 3. Appellants are before us in appeal for enhancement of the amount of compensation awarded by the Tribunal.
After hearing learned Counsel for the parties and on due consideration of the evidence available on record we feel that the amount awarded by the Tribunal is on the lower side. Two young girls lost their lives. The amount of mental agony, pain and suffering which the appellant Nos. 1 and 2, the parents must have undergone and are likely to undergo for all times to come cannot be described or weighed in terms of money. Looking to their social status and the family background, the meritorious record of the deceased, we are of the considered opinion that appellants are entitled to receive Rs. 2,50,000 each for the death of their daughters Ku. Ruchi and Ku. Prachi.
Thus, the appeals are partly allowed and the impugned award is modified to the extent indicated above. The appellants shall be entitled to receive from respondents jointly and severally a sum of Rs. 5,00,000 on account of death of their two daughters. The enhanced amount shall carry interest at the rate of 4% p.a. from the date of application till it is actually paid to the appellants.
In view of the foregoing discussion the appeals are partly allowed. Respondent No. 3 shall bear the costs throughout. Counsel''s fee Rs. 1,000 if certified.
A copy of this order be kept in the file of M.A. No. 1401 of 2000.