INDRA DEVI Vs. ANAND PRAKASH MALVIYA

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 16.7.2011 passed by the Motor Accident Claims Tribunal, Pali ('the Tribunal'), whereby the application for compensation ('the application') filed by the appellants under Section 163A of the Motor Vehicles Act, 1988 ('the Act') has been rejected.

(2.) The brief facts of the case may be noticed thus : an application under Section 163A of the Act was filed by the appellants, who are wife, daughter and mother of one Mohan Ram @ Mohan Lal seeking compensation to the tune of Rs. 4,68,300/- with the averments that Mohan Ram was travelling in Bus No.RJ-07-P-4245 on 30.1.2007 from Jodhpur to Rohit when on the National Highway No.65, the bus collided with Truck No.HR-38-G-4311, which resulted in death of Mohan Ram, a passenger in the bus. It was claimed that as the death occurred due to accident arising out of the use of the bus, the claimants were entitled to seek compensation as per Second Schedule to the Act from the owner and insurer of the bus jointly and severally. It was claimed that the deceased was aged 23 years and was working as Munim and Salesman with M/s. Kundanlal Pukhraj, Tripoliya Bazar, Jodhpur and used to get salary of Rs. 3,300/- per month and therefore, the claimants were entitled to a sum of Rs. 4,48,800/- towards loss of income, Rs. 2,000/- as funeral expenses, Rs. 15,000/- for loss of consortium / love and affection and Rs. 2,500/- towards loss of clothes, watch etc. i.e. in all Rs. 4,68,300/-.

(3.) A reply to the application was filed by owner of the bus and it was denied that the accident occurred on account of any mistake on part of the owner. The income and age of the deceased were disputed. It was indicated that regarding the accident, FIR was lodged by the driver of the bus against the truck driver and after investigation, challan was filed against Darshan Singh, the driver of the truck and as there was no negligence on part of the driver of the bus, the claimants are not entitled to claim any compensation.