SAMYAK JAIN Vs. KESRILAL MEHTA

JUDGEMENT

(1.) The challenge in this appeal is addressed to judgment and order dtd. 17/7/2023 passed by the High Court of Judicature of Rajasthan, Bench at Jaipur in S.B. Civil Miscellaneous Appeal No. 2499 of 2015 and allied cases. The High Court allowed the appeal before it by partially modifying the judgment and award of the Motor Accidents Claim Tribunal, Bara, enhancing the compensation payable to the claimants from Rs.50,51,000.00 to Rs.55,27,800.00 with interest at the rate of 7% to be paid on the enhanced amount on the date of filing of the claim petition till the actual payment.

(2.) The appellants-claimants are aggrieved on three counts. In other words, for assailing the judgment of the High Court, the following grounds are raised.

(3.) The proceedings of the Claim Petition before the Motor Accident Claim Tribunal, Bara, were initiated pursuant to the accident which took place on 5/9/2010, in which one Dr. Ashok Kumar Jain died. The deceased happens to be the father of the appellants-claimants No. 1, 3 and 4, whereas husband of claimant No. 2. In the said accident, along with the deceased, appellant-claimant No. 2-wife Gunmala Jain, appellant-Claimant No. 3, daughter, Ritu Jain sustained grievous injuries.