PREMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed against the impugned award dated 3.11.1997 passed by the Motor Accident Claims Tribunal, Jind (hereinafter referred to as 'the Tribunal'), vide which the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') by Smt. Premi etc. present appellants against the present respondents has been dismissed.

(2.) RESPONDENTS No.1 and 2 have put in appearance through their counsel and contested this appeal. I have heard learned counsel for the parties and have gone through the record specially the award. Smt. Premi is the widow of Ram Karan and appellants No.2 to 5 are children and appellant No.6 is mother of Ram Karan and they sought the compensation on account of death of Ram Karan as a result of road accident caused on 10.7.1996 due to rash and negligent driving of respondent No.3 Bishan Lal -Driver of bus No.RJ -11PO -228. Ram Karan (since deceased) was travelling in truck No.HR -26/9719, which was being driven by Jagbir Singh. He had gone to the Octroi Post on Ajmer Road, Bhilwara and was coming back to board the truck, when he was hit by the above said bus and died. He was aged 31 years at the time of death and was in private service earning about Rs. 3,000/ - per month and an amount of Rs. 10,00,000/ - had been claimed with interest.

(3.) THE petition was contested by State of Rajasthan through Collector and General Manager, Rajasthan State Road Transport Corporation. The following issues were framed: -