VIDESH KANWAR Vs. HASAM KHAN

JUDGEMENT

(1.) The present appeal for enhancement of compensation has been preferred by the appellants-claimants against the judgment and award dated 10.07.2008 passed by the Additional District Judge (Fast Track) No. 4, Jodhpur in Claim Case No. 02/2008 whereby an amount of Rs. 4,43,000/- along with interest @ 7.5% per annum was awarded to the appellants-claimants on account of death of Phool Singh in the accident, which occurred on 14.08.2006.

(2.) A claim petition was filed by the appellants-claimants before the Tribunal stating that on 13.08.2006 at around 11.15 P.M., Phool Singh with Ugam Singh was traveling from Jodhpur to his village in the jeep bearing Registration No. RJ-19-TA-308, which was being driven by Ugam Singh. On 14.08.2006 at around 1.00 A.M., when they reached near the field of one Anoparam Meghwal located at Jodhpur to Jaisalmer National Highway, the non-claimant No. 1, the driver of truck bearing Registration No. RJ-19-1G-4699 driving it rashly and negligently hit the jeep driven by Ugam Singh, due to which Ugam Singh and Phool Singh sustained simple and grievous injuries, which resulted into death of Phool Singh on the spot. In these circumstances, the appellants-claimants claimed the compensation under various heads on account of death of Phool Singh in the said accident.

(3.) The Tribunal after framing the issues, evaluating the evidence and hearing the arguments of the parties, passed the judgment and award dated 10.07.2008 vide which an amount of Rs. 4,43,000/- was awarded as compensation under various heads in favour of the appellants-claimants.