SAVITRI Vs. SHYOPAT RAM

JUDGEMENT

(1.) The instant civil misc. appeal under Sec. 173 of the Motor Vehicle Act, 1988 has been preferred by the claimant/appellants for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Churu (for short 'the Tribunal') vide impugned judgment and award dtd. 4/7/2013 passed in Claim Case No. 155/2009, whereby compensation to the tune of Rs.28,46,160.00 has been awarded in favour of the claimant/appellants.

(2.) Briefly stated the facts of the case are that the claimants filed a claim petition with the averment that on 11/9/2009, when the deceased Chandra Shekhar Giri and Hajarimal were coming from Ratangarh after attending Shikshak Sammelan. When they reached near Malsar village, a Pick-up bearing No. RJ-10 GA 1501 being driven rash and negligently hit them and they both died on the spot.

(3.) Learned tribunal issued notices to the non-claimants. Non-claimants No. 1 and 2 filed reply to the claim petition and stated that the claimants have exaggerated the claim and also disputed the income of the deceased Chandrashekhar. Non-claimant insurance company filed reply and stated that the accident occurred due to negligence on the part of deceased and that the vehicle in question was being driver in contravention of terms and conditions of the policy therefore, the insurance company cannot be held liable for payment of compensation and prayed for dismissal of the claim petition.