KUNDANMAL & ANR Vs. HEMI & ORS

JUDGEMENT

(1.) Against the judgment and award dated 06.08.2003 passed by Judge, Motor Accident Claims Tribunal, Balotra (for short 'the Tribunal' hereinafter) in Claim Case No.41/2001, whereby the learned Tribunal has awarded a sum of L 5,25,000/- along with interest at the rate of 9% per annum from the date of application till realisation in favour of the claimants and fastened the liability of paying the amount of compensation upon the appellants- owners and respondent No.10 - Driver of the vehicle, Appeal No.910/2004 has been preferred by the appellant-owners of the vehicle and Appeal No.356/2005 has been preferred by the claimants for enhancement of the compensation.

(2.) Brief facts, necessary for disposal of both these appeals are that Sawai Singh, husband of respondent No.1 and father of respondents No.2 to 8 has died in an accident took place on 26.10.2000. It was alleged that when the deceased Sawai Singh, along with his brother AW.2 Mohan Singh, was proceeding towards his village on Bhiyand Road, suddenly a truck No.RJ19-G-4890 came from opposite direction and collided with Moped M-80 bearing No.RJ15-M-466, which was being driven by the deceased - Sawai Singh. In that forehead collision, Sawai Singh died.

(3.) A claim petition was preferred on behalf of the respondent-claimants before the Tribunal, whereby the learned Tribunal, while deciding Issue Nos. 1 and 3, has held that the truck No.RJ19-G- 4890 was being driven by Anopa Ram, who was not holding any valid licence and, therefore, the insurance company, with which the truck was insured, is not liable for payment of any compensation and held the appellants in appeal No.910/2004and the driver of the truck liable for payment of compensation. While deciding Issue No.2 and assessing the income of the deceased as L 3000/- per month, the learned Tribunal has awarded a sum of L 4,80,000/- under the head of 'loss of income' after deducting 1/3rd of the income of the deceased as his personal expenses. The learned Tribunal has awarded certain amounts under different heads and as such a total compensation of L 5,25,000/- has been awarded.