RAJESH CHOUDHARY Vs. MANMOHAN RAI

JUDGEMENT

(1.) The present appeal has been filed by the claimantappellants aggrieved by the award of the Motor Accident Claims Tribunal, Udaipur dated 15.07.1999 on the quantum of compensation awarded by the Tribunal. The Tribunal awarded compensation of Rs.1,18,736/-, which is sought to be enhanced by the appellants. The appellant No.1 Smt. Rajesh Choudhary is the widow and appellant Nos.2 and 3 are sons of deceased Bhagwat Singh Choudhary.

(2.) Brief facts giving rise to the filing of this appeal are that on 10.04.1996 an accident took place near Kumbha Nagar, Udaipur; wherein, a Truck belonging to respondent No.1 collided with the Scooter being driven by Bhagwat Singh, who alongwith his wife were injured and ultimately during the treatment Bhagwat Singh expired on 15.04.1996.

(3.) A claim petition was filed before the Claims Tribunal inter alia claiming that deceased Bhagwat Singh was a healthy person and was of 31 years age, he was serving in the Women and Child Welfare Department, Government of Rajasthan as L.D.C. and was getting a monthly salary of Rs.2,826/- and was likely to be promoted in future. A compensation of Rs.7,36,800/- on account of loss of dependency, Rs.30,000/- towards loss of consortium, Rs.40,000/- for loss of love and affection, Rs.30,000/- for mental agony, Rs.20,000/- for the treatment, Rs.3,485/- for carrying dead body to the native place and Rs.5,000/- for funeral expenses was claimed. The claim was resisted by the Insurance Company only.