NAND KISHORE SHARMA Vs. GEETA RAM

JUDGEMENT

(1.) The present civil misc. appeal has been filed by the appellants-claimants under Sec. 173 of the Motor Vehicle Act, 1988 (for short, 'the Act of 1988'), against the judgment and award dtd. 16/1/2006 passed by the learned Additional District Judge (Fast Track) No.3, Tonk (hereinafter referred to as the 'Tribunal') in MAC Case No.920/2005, praying for enhancement of the compensation awarded by the learned Tribunal.

(2.) Brief facts of the case are that on 3/5/2004 at about 9 P.M. Shyam Babu, Vishnu Kumar and Manoj Kumar were standing on Kota-Jaipur National Highway near a petrol pump. At that time, the offending vehicle, a truck bearing no. RJ- 14-1G-5764, came from Kota side in high speed. The driver of the truck was driving the truck negligently. The abovementioned persons who were standing on the road, tried to save themselves but since the truck was in high speed it ran them over. In the incident Vishnu Kumar died on the spot and Manoj sustained some injuries. On this, FIR No.75/2004 was registered and after investigation, a charge-sheet for the offences punishable under Ss. 279, 337, 338, 304A IPC and 134/187 of the Act of 1988 was presented in the Court against Geeta Ram who was the driver of the offending vehicle.

(3.) Dependent of the deceased filed the claim petition bearing no.920/2005 for claiming compensation under Sec. 166 of the Act of 1988. In that claim petition, driver and owner of the offending vehicle were also made non-applicants. They did not file any reply to the claim petition and only Insurance Company contested the matter. The Tribunal decided the claim petition vide impugned order dtd. 16/1/2006. The total amount of Rs.62,250.00 as compensation was awarded to the appellants, against which this appeal for enhancement of the compensation has been preferred.