RAJWATI Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) These two appeals are directed against the final orders dtd. 29/4/2019 passed by the High Court of Judicature for Rajasthan, Jaipur Bench (hereinafter referred to as 'High Court') in two Miscellaneous Appeals (being S.B.Misc. Appeal No. 441/2019 and S.B. Misc. Appeal No. 561/2019) filed by Respondent No. 1 herein, seeking to set aside the judgment and award dtd. 26/10/2018 passed by the Motor Accident Claim Tribunal/Additional District and Sessions Judge, Kaman, District Bharatpur (hereinafter referred to as 'Learned Tribunal') in Misc. Civil (M.A.C.) No. 18/2016 (13/2014) and Misc. Civil (M.A.C.) No. 14/2014. Both these appeals arise out of the same accident. Hence, they have been clubbed together and are being decided by this common judgment.

(2.) In both the matters, the High Court allowed the appeal of Respondent No.1 herein and modified the award passed by the Learned Tribunal, and reduced the compensation awarded to the Claimants/Appellants. CIVIL APPEAL No. 8179 OF 2022

(3.) The Appellants are the heirs and dependents of Ghasita Ram (hereinafter referred to as 'deceased'), who died on 29/10/2013 as a result of a motor accident. The deceased was working as a driver in PNC Infratech Ltd. On 29/10/2013, at around about 8:00 PM, the deceased (along with his co-worker Kanti Lal) was riding a motorcycle while returning home from work, when he was hit from behind by a truck being driven by Respondent No. 3 in a rash and negligent manner. The deceased and his co-worker were severely injured and died on the spot. The deceased has left behind five dependents who are the Appellants before this Court.