SHANTI DEVI Vs. DHANNA RAM

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) THIS misc. civil appeal has been filed on behalf of the claimants under Section 173 of the Motor Vehicles Act, 1988 against the award dated 23.1.1990 passed by the Judge. Motor Accident Claim Tribunal, Jodhpur by which, the Tribunal has awarded Rs. 54,000/ - only for the accidental death of Bagda Ram aged 35 years who has left behind four sons and one widow and was doing the business of milk seller and was earning Rs. 12,000/ - to Rs. 13,000/ - per year. The accidental death took place on 15.12.1983 at 3.00 P.M. when Bagda Ram was standing at Bus Stand Dangiawas, a truck No. RJK 7878 came with a great speed from the side of Jodhpur, which was driven rashly and negligently by the driver, dashed against Bagda Ram with violent force resulting which, he succumbed to the injuries instantaneously. In the above accident, one Dhanna Ram also received injuries. Both of them filed claim petitions against the driver, registered owner of the truck as also the insurance company.

(3.) PW -1 Shanti widow of the deceased has examined herself and so also Hari Ram PW -2, eye witness of the occurrence Mangi Lal PW -3 and Dr. Jamna Das Bora PW -4 were examined in support of the claim petition. Certified copies of the documents prepared by the Investigating Officer were also produced. In rebuttal, no evidence documentary or occular was adduced.