NIC LTD Vs. PUSHPA DEVI AND ANR

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 01.04.2011 passed by the learned Motor Accident Claims Tribunal, Dungarpur (hereinafter referred to as 'the learned Tribunal') in Motor Accident Claims Case No.375/2008, whereby the learned Tribunal has awarded compensation of Rs.13,56,000/- to the claimants and ordered that the said amount of compensation will carry interest at the rate of 6% per annum, however, if the respondent company fails to pay the compensation amount within a period of two months, then the interest at the rate of 9% per annum shall be charged.

(2.) The brief facts of the case are that on 16.10.2008 Chandu Ahari R/o Jawahar Nagar No. 3, Fala Balua, Tehsil Dhariyavad, District Pratapgarh along with one Mangilal of the same village was coming from Dhariyavad to Dungarpur on a tractor bearing No. RJ-27/RA-1986 and when they reached near Tijwar School, then the said tractor was hit by one another truck bearing No. RJ-12/GA-0452, on account of which, Chandu Ahari and Mangilal sustained injuries. However, Chandu Ahari later on succumbed to injuries. The legal representatives of the deceased Chandu Ahari filed a claim petition against driver and owner of the truck No.RJ-12/GA-0452 and also impleaded appellant Insurance Company, with which the truck was insured, as respondent along with one other person, in the claim petition. It was alleged that the accident took place on account of rash and negligent driving of the truck No.RJ-12/GA-0452 by its driver and on account of that, deceased Chandu Ahari died.

(3.) It was also claimed that deceased Chandu Ahari was earning Rs.10,000/- per month and as such, they demanded compensation to the tune of Rs.23,50,000/-.