SHARDA AND ORS. Vs. GIRDHARI LAL YADAV

JUDGEMENT

(1.) THE instant civil misc. appeal has been filed by the appellants -claimants under Section 173 of the Motor Vehicles Act for enhancement of the impugned award dated 6.10.2007 passed by the MACT, Behror, District, Alwar, in claim case No. 49/2006, whereby the claim petition filed by the claimant has been partly allowed granting compensation of Rs. 3,19,840/ - in favour of the claimants.

(2.) THE brief facts as emerging on the face of record are that two claim petitions came to be filed before the Tribunal in respect of same incident/accident in which two persons namely Vijaypal husband of Smt. Nirmla Devi and Ramanand @ Ramu husband of Smt. Sharda (present claimant) died. It was alleged that on 24.5.2004 in the after noon at about 12 O' Clock Vijaypal along with Ramanand @ Ramu were going to Bansur on a Motor Cycle bearing No. R.J.02 -3M -2665, after Dantali Hill, Vijaypal drove the motor cycle on Kuchcha road, at that time a Jeep bearing No. R.J.14/1C/6621 came from Bansur side which was being driven by the driver in a rash and negligent manner and hit Vijaypal and Ramanand @ Ramu, who were sitting on Motor Cycle due to which Vijaypal and Ramanand @ Ramu died. The report of the accident was lodged at Police Station, Bansur on which Cr. Case No. 137/2004 for the offence under Sections 279, 337, 338 & 304 -A IPC was registered and after investigation challan was presented before the court. It was averred that at the time of accident deceased Ramanand @ Ramu was aged 32 years, who was healthy young man and was a skilled labour in furniture work and himself was running a furniture shop from which he earned Rs. 9000/ - per month. The claimants of deceased Ramanand @ Ramu claimed a sum of Rs. 40,46,000/ - as compensation on account of rash and negligent driving by the driver of Jeep bearing No. R.J.14/1C/6621 and caused accident in which Ramanand died.

(3.) AFTER hearing the arguments advanced by the parties, the learned Tribunal framed as many as 4 issues including the issue of relief. The claimants in order to prove their claims produced A.D.1 Nirmla Devi @ Barfi, A.D. 2 Satishchandra, A.D. 3 Sharda Devi and A.D. 4 Ramavtar as witnesses in their claim petitions and got exhibited as many as 41 documents in documentary evidence. The non -petitioners did not adduce any evidence. The Tribunal after considering the submissions of the counsel and perusing the material available on record passed the impugned award granting compensation of Rs. 3,19,840/ - in favour of the claimants in the present case. Hence this appeal.