BHAROSI BAI Vs. RADHEY SHYAM

JUDGEMENT

(1.) The appellants are not satisfied with the quantum of compensation decided by the Motor Accident Claims Tribunal No. 1, Bundi in Motor Accident Claim No. 673/2014 by award dtd. 7/2/2019, hence this appeal under Sec. 173 of the Motor Vehicles Act.

(2.) The claimants had claimed Rs.71,90,000.00 for death of Tejpal, aged about 29 years, the husband of claimant No. 1 and father of claimant Nos. 2 and 3 as well as son of claimant Nos. 4 and 5. The learned Tribunal awarded Rs.6,84,000.00 along with interest @ 7.5% from the date of institution of the claim case.

(3.) The claimant examined two witnesses AW/1 Bharosi Bai, wife of the deceased. She has deposed about the age and income of the deceased and the source of income. The witness has not been cross-examined on the age and source of income. AW/2 Badri Lal is the eye-witness of the occurrence. He has specifically stated that he was on another motor cycle and saw that on the mid of the road, the tractor was parked without any light and indicator in function. As such due to negligence of the tractor in the darkness of night, the motor cycle of Tejpal dashed against it which caused death of Tejpal.