JUDGMENT :

This is a claimants appeal arising out of a judgment and award passed by the learned District Judge/ Motor Accident Claims Tribunal, Kanpur Nagar dated 29.08.2005 passed in M.A.C.P. No. 103 of 2005, seeking enhancement of the compensation awarded.

2. The claimants-appellants are the claimant-petitioners of M.A.C.P. No. 103 of 2005 instituted before the Tribunal seeking compensation on account of the death of their son in a motor accident. The claimants-appellants are the father and mother of the deceased and shall hereinafter be referred to as the “claimants.”

3. The claimants’ case briefly put is this:

Mohit Dwivedi was a student of Class XI at Woodbine Gardenia School, situate at G.T. Road, Kalyanpur, Kanpur Nagar. On November, the 9th, 2004, after attending school, he was proceeding to attend his coaching classes near Gurudev Palace, Kakadev by a Scooter, bearing Registration No. UP-78AM-9142. The aforesaid scooter was owned by the deceased’s father, Arun Kumar Dwivedi, one of the claimants. At about 01:45 in the afternoon as Mohit reached a place facing Dalhan Anusandhan Railway Crossing, a truck bearing Registration No. UP-70L-9527 moving from the opposite direction, swerved to the wrong side of the road and hit Mohit’s scooter. As a result of the impact, Mohit was thrown down from the scooter and sustained grievous injuries. The scooter was also damaged. A multitude of persons gathered at the site of the accident and the offending truck was apprehended on the spot. Some of those men conveyed Mohit to the hospital but he passed away in transit. He was the claimants’ elder son and very intelligent. He was reading to write his competitive test for admission to the Bachelor of Engineering course. He would attend coaching class after school hours for the said purpose. Besides studies, Mohit would take part in extracurricular activities. The deceased would have gone on to become an Engineer and earn an approximate sum of Rs.50,000/- per month but for his untimely demise. The claimants say that they have been deprived of his services and financial help in their old days. They have suffered physical and mental agony, which cannot be compensated in monetary terms. At the time of his demise, the deceased was aged about 19 years. His monthly income was Rs.25,000/-. An FIR about the incident was lodged at P.S. Kalyanpur, leading to registration of Crime No. 692 of 2004, under Sections 279, 304-A and 302 IPC against Ram Magan, the truck driver on 09.11.2004 at 04:00 p.m.

4. The claimants prayed that a sum of Rs.32,76,000/- along with interest @ 18% per annum be awarded to them in compensation.

5. One Bharat Bhushan Khanna is the owner of the offending vehicle. He was impleaded as opposite party no. 1 to the claim petition. Before us he is impleaded as respondent no. 1 to the appeal. The truck owner shall hereinafter be called as the ‘owner”. The New India Assurance Company Limited through its Regional Officer, Kanpur Nagar are the insurers of the offending truck. They were impleaded as opposite party no. 2 to the claim petition and respondent no. 2 to this appeal. The aforesaid Insurance Company shall hereinafter be called as the ‘Insurers’.

6. A written statement was filed on behalf of the owner. He has admitted being the registered owner of the offending truck. He has pleaded that the offending truck was insured with the Insurers from 04.04.2004 to 03.04.2005. According to the owner, the accident did not take place on account of rash and negligent driving by the truck driver. The driver of the truck held a valid driving license. He was an experienced driver. The accident was caused due to the negligence of the deceased. A plea has been raised that the registered owner of the scooter and its Insurer have not been impleaded as parties to the claim petition, rendering it bad for non-joinder of the necessary parties. The compen