KASTURI AND ORS. Vs. VINAYAK AND ORS.

JUDGEMENT

(1.) THE instant appeal for enhancement has been preferred by the appellants claimants against the judgment cum award dated 19.10.2001 passed by the learned Motor Accident Claims Tribunal, Pali in MAC No. 311/2001 (7/1999), whereby a total sum of Rs. 2,69,000/ - was awarded to the appellants claimants as compensation for the death of late Shri Shyam Singh, who met with an unforutnate untimely death in a motor vehicle accident on 17.7.1998.

(2.) FACTS of the case are that the deceased Shyam Singh was proceeding on his motorcycle bearing registration No. MTI.5545 from Jodhpur to Pali. The motorcycle was being driven by Jogendra Singh and Shyam Singh was sitting as a pillion rider. Near the Kudi Village, a trailer bearing registration No. MP09.KB. 190 being driven by its driver Vinayak in a rash and negligent fashion, collided with the motorcycle causing injuries to Jogendra Singh and the instantaneous death of Shyam Singh on spot. The trailer was owned by non -claimant No. 2 Smt. Gurmeet Kaur and insured by non -claimant No. 3 United India Insurance Co. Ltd. The appellants herein being the legal heirs of Shri Shyam Singh filed a claim application under Section 166 of the Motor Vehicles Act in the court of the learned Motor Accident Claims Tribunal, Pali praying for a total compensation of Rs. 31,59,000/ - with interest.

(3.) THE learned Tribunal framed the following issues for consideration and decision: