SAVITA SHARMA Vs. KAILASH CHAND

JUDGEMENT

(1.) Heard Counsel for the parties. The Motor Accident Claims Tribunal, Jaipur City, Jaipur (hereinafter referred to as the 'Tribunal') vide its judgment and award dated 11th May, 2002 in M.A.C.T. Case No. 891/1998 has awarded a total sum of Rs. 9,45,400 to the claimant-appellants as compensation for the accidental death of Bheem Singh who was working as Store Keeper in the Railways. Being dissatisfied with the award amount, the claimant-appellants, who are the legal representatives of the deceased have filed the present appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement of the award amount.

(2.) Briefly stated the facts of the case are that on 10th September, 1988 when Bheem Singh (since deceased), Depot Store Keeper, was coming on cycle from the office of the Dy. Chief Engineer, Dumper No. RRZ 8636 which was being driven by respondent No. 1 in a rash and negligent manner struck Bheem Singh from behind as a result of which, Bheem Singh died. The claimant-appellants filed the claim petition before the Tribunal mentioning therein that at the time of the accident the age of the deceased was 34 years and he was drawing gross salary of Rs. 9,097 per month and would have received future increments also. Thus, the claimant-appellants claimed total amount Rs. 34,00,000 as compensation.

(3.) Respondent No. 1 driver of the offending vehicle filed his written statement and denied the fact of the accident. He further pleaded that although he passed from that way but no accident took place from his vehicle and he has been falsely involved in the accident.