VANDANA & ORS Vs. SHOBHAG SINGH & ORS

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 28.2.2007 passed by the Judge, Motor Accident Claims Tribunal (First), Jodhpur (hereinafter referred to as 'the Tribunal') in Motor Accident Claim Case No.520/2005 whereby the learned Tribunal awarded a sum of Rs.5,71,000/- to the appellants on account of death of Shri Vijay Soni (husband of appellant No.1 and father of appellants No.2 and 3) in the accident occurred on 3.8.2005 at Jodhpur-Beawar Road. The appellants have preferred this appeal for enhancement of the compensation while claiming that the Tribunal has not awarded just compensation in the facts and circumstances of the case.

(2.) Brief facts of the case are that on 3.8.2005, the deceased Vijay Soni was going on a motor-cycle towards Beawar from Bar, then suddenly a car No.RJ 19 2 C 0551 thrashed his motor cycle and on account of that, the deceased suffered serious injuries and after providing first- aid at Nimaj hospital, he was brought to MDM Hospital, Jodhpur where he died on 5.8.2005 at 2:00 AM on account of injuries received in the accident.

(3.) A claim petition was filed by the claimants while alleging that the accident, in which Shri Vijay Soni died, took place on account of rash and negligent driving of respondent No.1 Sobhag Singh, the driver of the car.