SANGEETA PARIHAR Vs. SURAJ PARIHAR

JUDGEMENT

(1.) Both, the appeal and the cross-objection arise out of the award dated 19.06.2003, passed by the Motor Accidents Claim Tribunal, Jaipur, whereby the learned Tribunal has awarded a compensation of Rs.5,14,200/- and has apportioned the compensation amongst the appellant-claimant, Smt. Sangeeta Parihar, claimant-respondent, Smt. Suraj Parihar, respondent No.5, Mr. Raghav Parihar and respondent No.6, Smt. Bhawna Patel.

(2.) The brief facts of the case are that on 18.12.1994, Mr. Ravindra Parihar and his wife, Smt. Sangeeta Parihar and an another lady, Smt. Aruna Swami, were travelling in a Fiat Car, bearing Registration No. RNI 45, from Bheror to Jaipur. Around 9:00 PM, when they reached near the village Aantela, one of the back tires was punctured. Mr. Ravindra Parihar, who was driving the car, got out of the car in order to replace the flat tire. Smt. Sangeeta Parihar and Smt. Aruna Swami were standing nearby, while Mr. Ravindra Parihar was trying to change the tire. However, at that time, a truck, bearing registration No. HR-27-8561, while trying to overtake, in a most rash and negligent manner, hit Mr. Ravindra Parihar. Consequently, he expired on the spot. Since Smt. Sangeeta Parihar, and Smt. Suraj Parihar, the mother of the deceased, lost the sole bread earner of the family, they filed a claim petition before the learned Tribunal. In the claim petition, both Mr. Raghav Parihar, son of Mr. Ravindra Parihar, and Smt. Bhawna Patel, daughter of Mr. Ravindra Parihar, were arrayed as proforma respondents. The claim petition was filed against the owner, the driver and the Insurance Company. The owner and the driver chose not to file any written statement. However, the Insurance Company contested the claim petition. In order to buttress their contentions, Smt. Sangeeta Parihar examined herself as a witness and submitted about ten documents. On behalf of Mr. Raghav Parihar, Mr. Dhirendra Parihar was examined as a witness, as the power of attorney holder of Mr. Raghav Parihar. Smt. Aruna Swami was also examined as a witness on behalf of Mr. Raghav Parihar. The Insurance Company chose not to examine anyone on its behalf. After going through the oral and documentary evidence, the learned Tribunal, vide award dated 19.06.2003, granted the compensation along with an interest @ 9% per annum from the date of filing of the claim petition i.e. 15.05.1995. It further directed the in case the said amount was not paid within a period of two months, then the compensation would carry an interest @ 12% per annum. While directing the payment of compensation, it apportioned the amount as under :

(3.) Hence, this appeal and cross-objection against the said award.