JAMLI AND OTHERS Vs. LAKHA RAM AND OTHERS

JUDGEMENT

(1.) This appeal has been filed under Sec. 110-D, Motor Vehicles Act, 1939 against the judgment and award passed by the Motor Accidents Claims Tribunal, Jodhpur, dated Aug. 6, 1988 by which Rs. 98,200.00 has been awarded as compensation to the claimant-appellants. The facts of the case giving rise to this appeal may be summarised thus.

(2.) On Feb. 4, 1986 at about 7.30 p.m., the deceased Bachhu Khan alias Allabachay was returning to his village on his cycle after selling milk in Phalodi. The respondent No. 1 Lakha Ram came driving his truck No. RNM 3654 from the opposite direction rashly and negligently and dashed against the deceased after coming to his wrong side of the road. As a result thereof, Bachhu Khan died on spot and his cycle was damaged. His heirs filed a claim petition claiming Rs. 7,60,400.00as compensation stating that the deceased Bachhu Khan, who was 40 years old at the time of the accident, was earning Rs. 50.00 to Rs. 60.00 per day by selling milk, Rs. 7,000.00 to Rs. 8,000.00 per annum by selling goats and sheep and Rs. 10,000.00 by cultivating his 60 bighas of land.

(3.) The driver Lakha Ram, respondent No. 1 and owner Harchanda Ram, respondent No. 2, admitted in their joint reply that the deceased Bachhu Khan used to cultivate his field and sell cattle. The remaining allegations of the claim petition were denied. The insurance company admitted in its reply that the said truck No. RNM 3654 was insured with it on the date of the accident and the remaining allegations were denied. After framing necessary issues and holding trial, the learned Tribunal held that the accident took place due to rash and negligent driving on the part of the truck driver Lakha Ram and the claimant-appellants are entitled to get compensation to the tune of Rs. 98,200.00and accordingly passed the said award.