TEEPU DEVI AND ORS. Vs. MOHAMMED AND ORS.

JUDGEMENT

(1.) THE instant appeal has been preferred by the appellants against the judgment cum award dated 6.2.2001 passed by the learned Motor Accident Claims Tribunal -1, Jodhpur in MAC No. 49/1998 whereby the claim application filed by the claimants appellants on account of death of Ghewar Ram in a road accident was partly allowed and they were awarded compensation of Rs. 3,03,000/ - as against the claimed amount of Rs. 18,20,000/ -. The appellants have approached this Court by way of the instant appeal seeking enhancement in the award.

(2.) FACTS in brief are that the deceased Ghewar Ram was a labourer and on 30.5.1997 was traveling with some other labourers in a truck bearing registration No. RRN2092 for going towards the mines where he used to work. The truck was being driven by one Aidana Ram. It is alleged that when the truck which was going on the correct side of the road reached just ahead of the Fidusar Chopad at 7:30 AM, another truck bearing registration No. RJ 19.G.6494 loaded with stones being driven by Mohammed S/o. Jamal Khan non -claimant No. 1, owned by non -claimant No. 2 Sh. Vishnu Ram and insured by non -claimant No. 3, the Oriental Insurance Company Limited, came from the opposite direction. The driver of the aforesaid truck drove the same rashly and negligently and came to the wrong side of the road and collided with the truck in which Ghewar Ram was traveling. As a result of the collision, all the occupants of the truck bearing registration No. RRN2092 received injuries. Pepa Ram, who was sitting in the truck expired at the spot. Ghewar Ram was taken to the hospital where he passed away while undergoing treatment. A claim application under Section 166 of the Motor Vehicles Act was moved by the appellants claimants who are the widow, six minor children and the parents of Ghewar Ram. The Tribunal framed the usual issues for consideration and ultimately, allowed the claim application in the following terms:

(3.) SHRI M.R. Choudhary challenged the award on the following grounds: - -