KAILASHI & ORS Vs. GOPAL LAL & ORS

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and award dated 5th September, 1998, whereby the Motor Accident Claims Tribunal, Tonk (here-in-after to be referred as the 'Tribunal'), decreed an amount of Rs. 2,12,000/-, in favour of the appellants-claimants and against the respondents. Being aggrieved and dissatisfied with the said amount, the appellants have beseeched to enhance the quantum of compensation.

(2.) The respondent no. 3 National Insurance Company Ltd. has filed the cross-objections to the appeal imploring that the amount under the award is excessive and the Tribunal has allowed the interest @ 12% per annum to be paid on the amount under the award to the claimants, hence, the rate of interest should be reduced and the amount under the award may also be brought to apposite level. Since both the appeal as also the cross objections have been heard together, they are being disposed of by this common judgment.

(3.) Adumbrated in brief, the facts of the case are that on 10th July, 1992, the deceased Jagdish was travelling in a Truck bearing Registration No. RND 1851 along with other co-passengers. Jagdish was carrying iron sheets after paying the proper freight and travelling as a goods passengers. The driver of the truck drove the vehicle so rashly and negligently, at such a fast speed that the truck left the road and capsized resulting into injuries to so many passengers and death of Jagdish. The claimants filed a claim petition before the Tribunal, which after trial came to be decided and the Tribunal decreed an amount in favour of the claimants, as indicated hereinabove.