KALI DEVI Vs. DESAI BROTHERS LIMITED AND ORS.

JUDGEMENT

(1.) The instant appeal has been filed on behalf of the claimant-appellant Kali Devi challenging the judgment cum award dated 18.5.2000 passed by the Motor Accident Claims Tribunal, Ratangarh in M.A.C. Case No. 17/1998, whereby, the learned Tribunal awarded the appellant a sum of 75,000/- as compensation upon the death of her only son Jagu Ram, aged 8 years.

(2.) Briefly stated the facts necessary for the disposal of this appeal are that on 27.12.1997, the deceased Jagu Ram had gone to Rajaldesar for grazing cattle. At about 4.00 P.M., after having crossed the national highway, he had come to side on the road. At that time, a truck bearing registration No. RJ-G-5760 came from the side of Rajaldesar and hit the deceased Jagu Ram. It is alleged that the vehicle was being driven rashly and negligently by the truck driver Bhanwar Singh, the respondent No. 2 herein. The vehicle was owned by the respondent No. 1 Desai Brothers Limited and was insured by the respondent No. 3, the New India Insurance Company Limited. As a result of the accident, Jagu Ram died on spot.

(3.) The claimant-appellant filed a claim petition under Section 156 of the Motor Vehicles Act in the Court of the Motor Accident Claims Tribunal, Ratangarh claiming compensation of 7,34,000/-. The learned Tribunal framed usual issues regarding the accident having occurred because of the rash and negligent driving of the truck driver Bhanwar Singh, the defences raised by the Insurance Company, the entitlement of the claimant to receive compensation and the quantum thereof.