LAWS(RAJ)-2012-3-221

JAGDISH AND ORS Vs. KAMLESH MEENA AND ORS

Decided On March 22, 2012
Jagdish And Ors Appellant
V/S
Kamlesh Meena And Ors Respondents

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and award dated 2nd November, 2011, whereby the Motor Accident Claims Tribunal, Jaipur District, Jaipur, decreed an amount of Rs.2,52,000/- in favour of the appellants and against the respondents. Dissatisfied with the impugned award, the appellants have beseeched to enhance the quantum of compensation.

(2.) Adumbrated in brief, the facts of the case are that on 21st September, 2008, the deceased Mukesh with his friend Jagdish Meena was going on motor-cycle bearing Registration No. RJ-14-SS-3602 and the deceased Rati Ram was going on his own motor-cycle No. RJ-14-SM-2253 from Chaksu to Shivdaspura. No sooner did they reach near Oswal Gas Agency, at about 5:45 p.m., one dumper Truck bearing Registration No. RJ-26-GA-0775, being driven by its driver rashly and negligently, suddenly emerged at a fast speed and hit both the motor-cycles, resulting into the death of Jagdish Meena, Rati Ram and Mukesh on the spot. The appellants-claimants filed the claim petition before the learned Tribunal and the Tribunal, after completion of trial of the claim petition decreed an amount of Rs. 2,52,000/- in favour of the appellants-claimants and against the respondents.

(3.) Heard the learned counsel for the appellant and carefully perused the relevant material on record including the impugned award.