SARITA DEVI Vs. YOGESH KUMAR

JUDGEMENT

(1.) SMT . Sarita Devi, the appellant, has challenged the award dated 14.9.2010 passed by the Motor Accident Claims Tribunal, Sikar, whereby the learned Tribunal had granted 50% of the total compensation of Rs.12,40,000/ - to her i.e. Rs.6,20,000/ -, and 50% of the said compensation to her in -laws, namely respondent Nos.4 and 5 before this Court.

(2.) THE brief facts of the case, as narrated in the claim petition, are that on 16.5.2006 around 10:30AM Baljeet Singh, husband of claimant -appellant, along with other relatives, was travelling in a Scorpio car bearing registration No.RJ18 -UA -0087. Since Yogesh Kumar, the driver -respondent No.1, was driving the car rashly and negligently, it turned turtle near Kummas Jagir bus -stand on Sikar -Salasar road. Consequently, Baljeet Singh and his nephew, Deepak, died on the spot. Separate claim petitions were filed by the parents of Baljeet Singh and his wife, the appellant herein, before the learned Tribunal. After going through the oral and documentary evidence, the learned Tribunal granted the compensation as aforementioned through a common award. Hence this appeal for enhancement.

(3.) ON the other hand Mr. M.S. Kachhawa the learned counsel for Insurance Company, has vehemently contended that the appellant has not only remarried, but during the course of the proceedings she has been granted compassionate appointment. Therefore the question of adding the future prospect of increase in income does not arise.