JUDGMENT :

1. This appeal is by the claimants against the award dated 24.06.2019 passed by 2nd Additional Motor Accident Claims Tribunal, Manendragarh, District Korea, C.G. in Motor Accident Claim Case No.09/2018, awarding total compensation of Rs.4,48,000/- with interest @ 8% per annum from the date of application till its realization, fastening liability on the Insurance Company. For the sake of convenience, the parties shall hereinafter be referred to as per their description before the Tribunal.

2. As per averments made in the claim petition, on 01.11.2017 at about 7:00 pm, deceased- Virendra Kumar @ Raja along with his friend was coming on motorcycle bearing registration No.CG16-D-7754 from village Katotiya to Manendragarh, however, on the way, when he reached near Imli Golai, he was dashed by Bolero vehicle bearing registration No.CG16-CH-6579 (hereinafter called as 'offending vehicle') being driven by its driver/non-applicant No.1 in a rash and negligent manner, as a result of which, deceased- Virendra Kumar @ Raja sustained grievous injuries over his body and died on the spot. At the time of accident, it is not in dispute that the offending vehicle was owned by non-applicant No.2 and insured with non-applicant No.3./Insurance Company.

3. On account of sudden demise of deceased- Virendra Kumar, a claim petition was filed by his parents seeking compensation to the tune of Rs.66,00,000/-on various heads, interalia, stating that at the time of accident, deceased was 21 years old and was studying Mining Engineering at Shridhar University Pilani, Rajasthan. The Tribunal considering the evidence led by both the parties passed an award as mentioned in opening paragraph of his judgment.

4. Learned counsel for the appellants/claimants submits that the income of the deceased has wrongly been assessed by the Tribunal at Rs.2,500/- per month i.e. Rs.30,000/- per annum, whereas it should be Rs.10,000/- per month as at the time of accident, deceased was aged about 21 years and was doing Diploma Course in Mining Engineering at Shridhar University Pilani, Rajasthan and in future, he could have certainly contributed substantially to his family by working hard. He further submits that the amount awarded by the Tribunal to the claimants under conventional heads is also on lower side, which deserves to be enhanced suitably. Reliance has been placed on the decision of Hon'ble Supreme Court in the matter of Meena Pawaia and others vs Ashraf Ali and others, 2021 SCC Online SC 1083.

5. On the other hand, learned counsel for the respondent No.3/Insurance Company supported the impugned award and submits that the Tribunal considering all the relevant aspects of the matter has rightly awarded compensation, which needs no interference by this Court. He also submits that the Insurance Company has not filed any appeal against the impugned award.

6. Learned counsel for the owner and driver/respondents No.1 & 2 supports the impugned award.

7. Heard learned counsel for the parties and perused the material available on record.

8. As regards the income of the deceased, a perusal of the pleadings coupled with the evidence brought on record, it is clear that at the time of accident, deceased was a young and energetic student and was aged about 22 years as determined by the Tribunal. It is also brought on record that deceased was doing diploma course in Mining Engineering at Shridhar University Pilani, Rajasthan. Deceased could have earned by working hard in future and contributed to his family, had he not met with an accident. However, the Tribunal did not consider the above aspects of the matter and on its own, assessed the income of the deceased at Rs.30,000/- per annum, which in the considered opinion of this Court, is not just and proper and needs to be reassessed suitably.

9. In the matter of Meena Pawaia (supra), the Hon'ble Supreme Court has observed in p