PUSHPA & OTHERS Vs. CHHOGA RAM & OTHERS

JUDGEMENT

(1.) In this civil miscellaneous appeal filed under Section 173, Motor Vehicles Act, appellants have prayed for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Jalaore in MAC Case No.41/09, whereby, the Claims Tribunal awarded compensation to the tune of Rs.20,48,200/- with 6% interest from the date of filing application till realization.

(2.) After hearing learned counsel for the appellants, I have perused the grounds taken in the appeal, so also, the award for which the appellants have prayed for enhancement of compensation.

(3.) As per facts, on 12.05.2009, deceased Jabra Ram and one Narpat were going from village Dhaansa to Jalore when they reached near Mamaji-ka-Than, bus bearing No.RJ-24/PA/1426 which was driven by its driver rashly and negligently hit the deceased Jabra Ram and, in that accident, the deceased received grievous and simple injuries on various parts of body and, so also, he was crushed under the wheel of the bus and he died on the spot. An FIR was also registered at Police Station Kotwali Jalore and appellants filed the claim petition before the Motor Accident Claims Tribunal, Jalore on the ground that deceased Jabra Ram was 38 years old and he was working as Physical Teacher on substantive basis in the Education Department and his salary was Rs.18,269/-. Learned Tribunal after issuing notice, framed 5 issues and, after due trial, awarded Rs.20,48,200/- as compensation along with 6% interest. The appellants have preferred this appeal for enhancement of the amount of compensation.