GANESH LAL AND ORS. Vs. BABUGIRI AND ORS.

JUDGEMENT

(1.) Heard Mr. Sanjay Nahar, learned Counsel for the appellants/claimants and Mr. D.S. Nimla, learned Counsel for the respondent No. 4 New India Assurance Company. Also heard the learned Counsels Mr. Jagdish Vyas, Mr. Anil Bachhawat and Mr. Vinay Kothari representing different Insurance Companies.

(2.) The instant appeal has been preferred by the appellants/claimants against the judgment and award dated 13.3,2007 passed by the learned Motor Accident Claims Tribunal, Bhilwara in Motor' Accident Claim Case No. 77/2004 (30/2003) whereby the learned Tribunal partly accepted the claim application filed by the claimants being the legal heirs/representatives of late Smt. Kamla and awarded them compensation of 2,76,800/-. The owner and the driver of the offending vehicle were held responsible and the respondent No. 4 Insurance Company was exonerated of the responsibility to satisfy the award. The appellants have come in appeal seeking. enhancement in the award as well as for the reversal of the finding whereby the Insurance Company was exonerated from liability.

(3.) Briefly stated the facts of the case are that the appellants/claimants being the legal heirs/representatives of late Smt. Kamla filed a claim application under Sections 140 and 166 of the Motor Vehicles Act in the Court of Motor Accident Claims Tribunal, Bhilwara in relation to the death of Smt. Kamla in a road accident. It was averred in the claim application that the deceased was engaged as a labourer on the tractor No. RJ-06/R-8544 and on 21.11.2002, she was going the tractor to the Banas river for loading sand in the trolley. On Bhilwara Chittorgarh Bypass, when the tractor passed from a small culvert, the driver Bhola Ram drove the same rashly and negligently and failed to avoid a pit on the road, as a result whereof, Smt. Kamla was thrown off the tractor and was crushed order its rear wheel. She received serious injuries and was taken to the Hospital where she expired while undergoing treatment. It was claimed that the deceased was a healthy working woman and used to earn 4,000/- per month with which she used to sustain her family. At the time of accident, Bhola Ram was driving the tractor. The tractor was owned jointly by Babugiri, Jeewangiri and Devigiri id was insured by the respondent New India Assurance Co. Ltd.