KIROSATA DEVI Vs. RAM JI LAL

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order dtd. 5/10/2023, passed in S.B. Civil Miscellaneous Appeal No. 1866/2013 by the High Court of Judicature for Rajasthan, Bench at Jaipur. which, in turn, was preferred against the order dtd. 21/1/2013 in MACT Claim Petition No.09 of 2011 passed by the Motor Accident Claim Tribunal, Kishangarh, Bass (Alwar).

(2.) The brief facts giving rise to the present appeal are that on 21/11/2010, the deceased, Ramjas Yadav, aged 43 years along with his family was travelling to Alwar from his village on a motorcycle, At around 9AM, they parked their vehicle on the roadside to attend nature's call, when the Respondent No.1, driving his bus bearing registration no. RJ- 32-PA-0277 (Offending Vehicle) negligently, dashed into the vehicle of the deceased. As a result of the accident, the deceased sustained severe injuries and died on the spot. In connection with the incident, a FIR was registered at PS Kharthal against the driver of the offending vehicle.

(3.) A claim petition was filed on behalf of the claimantappellant( s) (the legal representatives of the deceased), under Sec. 166 of the Motor Vehicles Act, 1988, before the Tribunal, seeking compensation to the tune of Rs.1,28,63,088.00. It was asserted that the deceased was earning a total monthly income of Rs.38,312.00, comprising of Rs.32,473.00 from his job as a staff officer in Integrown Property Management Service Private Limited and Rs.5,829.00 towards pension, having retired from the Border Security Force as a Head Constable.