MARIYAM Vs. AHMED

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant appeal has been filed by the appellants/claimants, the legal representatives of late Abdul Samad, seeking enhancement of the compensation of Rs.3,12,000/- awarded to them by the learned Additional District Judge (Fast Track) No.4 (MACT Cases), Jodhpur vide judgment and award dated 17.3.2005 in Motor Accident Claims Case No.246/2004 (57/2002).

(3.) Briefly stated the facts of the case are that the deceased Abdul Samad used to work with one Ahmed Musalman resident of Bakra Mandi, Jodhpur and used to assist him in the business of selling sheep and goats. The deceased was going for selling the cattle in the Jonga Jeep No.RJ-04-C- 183 driven by Mohammed Hanif and owned by Ahmed on2 11.12.2000. The driver drove the jeep rashly and negligently and as a result thereof, the jeep overturned. The deceased Abdul Samad received head injuries and expired at the spot. The claim application was moved by the appellants/claimants who are the widow, mother, brothers-sisters, father and daughter respectively of the deceased. The claim petition was filed by the appellants/claimants praying for compensation to the tune of Rs.40,37,000/-.