RAM RATAN Vs. SHOBHA

JUDGEMENT

(1.) The present appeal under Section 173 of the Motor Vehicles Act, 1988 ('the Act') has been preferred by the driver aggrieved against the judgment and award dated 7.3.2009 passed by the Motor Accident Claims Tribunal, Nagaur ('the Tribunal'), whereby the claim petition filed by the claimants has been accepted and an award of Rs.4,49,000/- have been passed in favour of the claimants alongwith interest @ 6% p.a. from the date of filing the claim petition.

(2.) The facts in brief are that the claimants filed a claim petition with the averments that Ramnarayan, who was aged about 35 years, was going on motor-cycle from Khajwana to Mundwa on 4.8.2007 when at around 8-8:15 a.m. the offending tractor being No.RJ-21-R-1281, which was being driven rashly and negligently by Ramratan struck Ramnarayan and he died on account of the injuries suffered from the said accident. The claimants claimed a sum of Rs.91,74,000/- as compensation and stated that the deceased Ramnarayan owned a Turbo truck and was earning a sum of Rs.5,000/- per month from operating the said truck and he was also earning by agriculture operations.

(3.) No reply to the claim petition was filed by the owner.