HARPHOOLI DEVI Vs. KRAPAL SINGH

JUDGEMENT

(1.) This Civil Misc. Appeal u/s.173 of the Motor Vehicles Act, 1988 (in short 'the Act') has been filed against the judgment/award dated 8.12.1997 passed by the learned Judge, Motor Accident Claims Tribunal, Neemkathana (in short 'the Tribunal') whereby a sum of Rs. 92,000/- has been awarded as compensation together with interest @ 12% p.a. w.e.f the date of filing of the claim petition till realisation.

(2.) Briefly stated the relevant facts are that deceased-Gopal Lal Jat was the driver of Truck No. RJ 14-P 1333. He was going from Chomu to Sikar in the said truck along with Kanaram and Chhitar Mal on National Highway No. 11. When they reached Pahalpol Factory situated some 5 Kms. before Reengus, the Rajasthan State Road Transport Corporation (in short 'the RSRTC') bus No. RJ 14P 2294, which was being driven rashly and negligently by its driver Kripal Singh, dashed against the truck causing severe injuries to Gopal Lal Jat and Chhitar Mal, as a result of which both of them died instantaneously. Kanaram was also injured. Thus, in all three claim cases were filed. The claim case being MAC Case No. 80/93, out of which this appeal has arisen was filed by the widow, three minor sons, one minor daughter and parents of deceased-Gopal Lal Jat claiming a compensation of Rs. 20,36,000/- . The driver and the RSRTC contested these claim cases by filing separate replies and denying the averments made in the claim petitions. All the three claim cases were consolidated and were tried together.

(3.) The Tribunal framed six issues on the basis of the pleadings of the parties and after taking their oral and documentary evidence and affording an opportunity of hearing passed the impugned judgment/award. Aggrieved by the award, the legal heirs of deceased-Gopal Lal Jat have preferred this appeal for enhancement of the amount of compensation.