BHAGWATI Vs. PAHAR SINGH AND ORS.

JUDGEMENT

(1.) The instant appeal for enhancement has been preferred by the appellant-claimant against the judgment cum award dt. 21.9.1999 passed by the learned Motor Accident Claims Tribunal, Sojat Camp Jaitaran in MAC No. 141/1994, whereby a total sum of Rs. 85,000/- was awarded to the appellant-claimant Bhagvati on account of the death of her son Ram Singh. During the pendency of the appeal, the appellant Smt. Bhagwati passed away and thus, her sons Laxman Singh and Jagdish and her daughters Smt. Antar Kanwar and Smt. Jeewan Kanwar were impleaded as appellants in her place as her legal heirs.

(2.) Briefly stated the facts of the case are that in the morning of 24.5.1994 Ram Singh, deceased, was going towards Beawar by driving a car bearing registration No. RJ24.C.0276 on the main highway between Beawar to Pali. The driver of the truck bearing registration No. RJ21.C.0426 drove his truck rashly and negligently and collided with the car causing the death of Ram Singh, who was driving the car. An FIR No. 151/94 was registered against the truck driver wherein Police filed a charge-sheet after investigation.

(3.) Bhagwati, the mother of Ram Singh filed the claim application under Sec. 166 of the Motor Vehicles Act mentioning therein that Ram Singh was aged 22 years on the date of the accident. He was a driver by profession and used to earn a sum of Rs. 2100/- per month inclusive of the allowances by doing the said job. A total compensation of Rs. 14,15,600/- was claimed under various heads.