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Kanhsingh Vs. Tukaram [13/01/15]

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[Civil Appeal No. 347 of 2015 arising out of SLP (C) No. 976 of 2014]. This appeal has been filed by the appellants against the impugned Judgment and order dated 23.07.2012 passed by the High Court of Madhya Pradesh Bench at Indore wherein the High Court partly allowed and disposed of the Miscellaneous Appeal No.2918 of 2009 filed by the appellants. The necessary relevant facts are stated hereunder to appreciate the case with a view to determine whether the appellants are entitled for relief as prayed in this appeal. On 02.07.2006, Deependra Singh Chouhan, son of the appellants herein, aged 27 years, was driving the motor cycle No. MP-09-LM-8244 along with his friend Ashok Sharma. The aforesaid motor cycle which was being ridden by Deependra met with an accident when it was hit by tanker No. MP-14-B-6645 driven by Tukaram, respondent No. 1 herein. Deependra Singh succumbed to his injuries during the course of treatment. The claimant-appellants, parents of the deceased filed a claim petition before the Motor Accidents Claims Tribunal, Jawra, District Ratlam (M.P.) (in short 'the Tribunal') under Section 166 of the M.V. Act, 1988, for a compensation of Rs.27,85,000/-. The Tribunal by its judgment and award partly allowed the Claim Petition by awarding a total sum of Rs.12,10,014/-.

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