GYARSI DEVI Vs. PUKHRAJ SINGH RAWAT

JUDGEMENT

(1.) The present appeal has been preferred by the claimants against the award dtd. 28/12/2014 passed by the Motor Accident Claims Tribunal, Rewari (hereinafter referred to as the 'Tribunal') awarding compensation to the tune of Rs.4,71,800.00 on account of death of Laxman in a vehicular accident along with 7.5% interest from the date of filing of the petition till actual realization.

(2.) The brief facts relevant to the present lis are that on 30/12/2012 Laxman (deceased) was returning to his village on his motor cycle bearing registration No.HR36-K/4588, which was being driven by him at moderate speed and on the correct side of the road. At about 06:30 PM when he reached near the under construction bridge in the area of Neemrana, a trailer bearing registration No.RJ09-GB/0397, which was being driven in a rash and negligent manner, came from behind and struck the motor-cycle as a result of which Laxman (deceased) fell on the road and was crushed under the wheels of the trailer thus resulting in his death at the spot. FIR No.336 under Sec. 279 and 304-A IPC was registered on 31/12/2012 at Police Station Neemrana (Rajasthan) on the statement of Om Narayana, the father of the deceased. On the basis of the pleadings and the evidence on the record, the Tribunal awarded an amount of Rs.4,71,800.00.

(3.) The learned counsel for the appellants would contend that the deceased in the present case was 25 years of age and was a Bachelor. The income of the deceased was assessed on the basis of minimum wages as Rs.5200.00 pm and the following compensation was awarded : <FRM>JUDGEMENT_136_LAWS(P&H)7_2022_1.html</FRM>