PARVATI Vs. NARESH KASWAN

JUDGEMENT

(1.) The instant enhancement appeal is directed against the judgment and award dtd. 10/7/2003 passed by the learned Judge, Motor Accident Claims Tribunal, Raisinghnagar (hereinafter referred to as 'the leanred tribunal' for short) in Civil Misc. (MACT) case No.5/2002, whereby the claim petition filed by claimantsappellants under Sec. 166 of the Motor Vehicles Act (for short hereinafter referred to as 'the Act") was partly allowed and the leanred tribunal granted compensation to the tune of Rs.6,26,000.00 with interest at the rate of 8% per annum.

(2.) Facts in brief are that on 29/10/2001 at about 2:00 PM when deceased Udaipal was travelling from Hanumangarh to Pilibanga on his motorcycle, then at Dabli Bus Stand, a Jeep bearing No. HR-24F-0544 (hereinafter referred to as "the offending vehicle"), which was being driven rashly and negligently by the driver Naresh Kaswan, hit the deceased Udaipal, resulting into grievous injuries, and ultimately death of Sh. Udaipal.

(3.) In the claim petition, the claimants-appellants claimed that the deceased Udaipal was a practicing lawyer and was earning a sum of Rs.4,500.00 per month from his profession and a sum of Rs.3,000.00 per month was also earning by him while doing cultivation work. It was also stated that the offending vehicle was insured with United India Insurance Company Ltd.