SAROJ Vs. HAZARILAL

JUDGEMENT

(1.) The instant civil misc. appeal has been filed by the claimant-appellant under section 173 of the Motor Vehicles Act, 1988, for enhancement of the impugned award dated 27.01.2009 passed by the MACT (Fast Track), Kotputli, District, Jaipur in claim case No. 704/2008, whereby the claimant-appellants have been awarded compensation of Rs. 4,40,000.

(2.) The brief facts emerging from the face of the record are that a claim petition was filed before the tribunal u/s 166/140 of the M.V. Act on 26.06.2006 against the driver of the truck Hazari Lal (non-claimant no. 1), the owner of the truck Sureshchand (non-claimant no. 2), and the insurance company The New India Insurance Company Ltd. (non-claimant no. 3) praying therein to pay the claimants an amount of Rs. 68,45,000 as compensation on account of road accident, which took place on 29.04.2006, at about 1 p.m., when deceased Girdharilal was standing at the Kotputli intersection in order to cross the road at that time a truck bearing No. HRJ-55J-0047 coming from Jaipur, and was being driven in rash and negligent manner by driver Ram Sharan, firstly hit a camel-cart and thereafter crushed Girdharilal, as a result of which Girdharilal died on the spot and driver of camel-cart also sustained injuries. It was further alleged that the same vehicle in question also further hit two more persons. An FIR has also been lodged against the driver of the truck for causing the accident while driving rashly and negligently and a challan was also submitted before the concerned court against the driver of the vehicle in question.

(3.) The Tribunal issued summons to the non-petitioners. The non-petitioner No.3 filed their reply in