MUKESH SOGANI Vs. BHOOP SINGH

JUDGEMENT

(1.) The misc. appeal filed by the claimants-appellants and the cross objections filed by the respondent No.2 arising out of common judgment and award, hence, both are being decided by this common judgment.

(2.) Instant appeal has been preferred by the claimantsappellants against the judgment and award dtd. 14/10/2011 passed by the Motor Accident Claims Tribunal, Jaipur (hereinafter referred to as 'the Tribunal') in MAC No.1745/2009 whereby an amount of Rs.2,83,000.00 was awarded as compensation on account of death of Dr. Indira Sogani in the accident occurred on 6/8/2009.

(3.) When notices of the present appeal were issued to respondents, they submitted cross-objections against the impugned judgment and award dtd. 14/10/2011 passed by the Tribunal and took objection that there was contributory negligence on the part of the daughter of the deceased due to which accident occurred and she was not having any license to ply the scooter. Learned Tribunal after framing the issues and evaluating the evidence on record and after hearing counsel for the parties, decided the claim petition of the claimants-appellants and awarded compensation to the tune of Rs.2,83,000.00 under various heads in favour of the claimants-appellants.