NANI Vs. SOMA LAL

JUDGEMENT

(1.) The instant appeal has been preferred by claimants-appellants against the judgment and award dated 14.3.1996 passed by the Judge, Motor Accidents Claims Tribunal, Dungarpur in Claim Case No. 108 of 1991 whereby the learned Tribunal has awarded a sum of Rs. 1,04,750 as compensation in favour of appellants-claimants and against respondent Nos. 1 to 3.

(2.) Briefly stated the facts of the case are that the claimant Nani filed two claim petitions before Motor Accidents Claims Tribunal, Dungarpur, being Claim No. 107 of 1991 for the injuries sustained by herself and claimed a sum of Rs. 1,99,000. She also filed another claim case on behalf of her five minor children, being Claim Case No. 108 of 1991 claiming compensation of Rs. 4,65,000 on account of untimely death of her husband Lakshi in accident occurred between truck No. GJ 09-T 4276 and truck No. HNH 5975 at Bichhiwara-Ratanpur Road, Dungarpur.

(3.) As per the facts stated in claim petition, on 22.4.1991 Nani with her husband Lakshi and some other persons were travelling in the truck No. GJ 09-T 4276. The said truck was being driven by Soma Lal at a high speed. At about 1.30 p.m. when they reached near the village Goaga Mod on Bichhiwara-Ratanpur Road their truck collided with truck bearing No. HNH 5975, which was coming from the opposite side at a high speed and was being driven by its driver rashly and negligently. As a result of which, Nani herself sustained several injuries whereas her husband Lakshi died in the said accident. An F.I.R. was lodged with regard to the accident at Police Station Bichhiwara. The claim petition was filed against the respondents, driver Soma Lal, owner Arafat and insurance company of truck No. GJ 09-T 4276. It was stated in the claim petition that the deceased was 45 years old. He was in service as peon in the Gram Panchayat and was earning Rs. 1,500 per month plus Rs. 500 per month from agriculture work at the time of accident. The claimants were dependent on him. Due to accidental death, they suffered loss of income as well as loss of love and affection. Thus, under the different heads the compensation of Rs. 4,65,000 was claimed.