VIMAL KANWAR Vs. KISHORE DAN

JUDGEMENT

(1.) The present appeal is filed against the judgment of the Rajasthan High Court, Jaipur Bench in S.B. Civil Misc. Appeal No. 1831 and 2071 of 2003. By the impugned judgment dated 29th July, 2011, the Rajasthan High Court upheld the compensation awarded by the Motor Accident Claims Tribunal, Jaipur (hereinafter referred to as the 'Tribunal') and observed as follows:

(2.) The factual matrix of the case is that on 14th September, 1996 one Mr. Sajjan Singh Shekhawat was sitting on his scooter which was parked on the side of the road and was waiting for one Junior Engineer, N. Hari Babu and another whom he had called for discussion. At that time, the nonapplicant No.1, driver of the Jeep No.RJ10C0833 came driving from the Railway Station side with high speed, recklessly and negligently and hit the scooter. Sajjan Singh along with his scooter came under the Jeep and was dragged with the vehicle. Due to this accident fatal injuries was caused to him and on reaching the Hospital he expired. The scooter was also damaged completely.

(3.) Appellant no. 1, the wife of the deceased was aged about 24 years; appellant no. 2, the daughter was aged about 2 years and appellant no. 3, the mother was aged about 55 years at the time of death of the deceased. They jointly filed an application to the Tribunal alleging that negligent and rash driving by non-applicant no. 1 caused the death of Sajjan Singh and claimed compensation of Rs.80,40,160/. It was brought to the notice of the Tribunal that nonapplicant no. 1, the jeep driver was in the employment of the non applicant no. 2 and the nonapplicant no. 3, the United India Insurance Co. Ltd. was the insurer of the vehicle.