AMAR SINGH Vs. RAMESH & ORS

JUDGEMENT

(1.) The instant civil misc. appeal has been filed by the appellant-claimants under Section 173 of the Motor Vehicles Act for enhancement of the impugned award dated 22.5.2002 passed by the MACT Bandikui, District, Dausa, in claim case No.32/1999, whereby the Tribunal awarded lump sum compensation of Rs.18,000/- to the claimant.

(2.) The brief facts as emerging on the face of record are that three claim petitions came to be filed relating to the same incident before the Tribunal, therefore, they were decided together by a common order of the Tribunal. It was averred in the claim petitions that on 23.6.1999 when appellant was travelling along with others in a Jeep bearing No. RJ 29 C 0751 for going to Dausa then at about 6:00 p.m. near Navodaya Vidyalaya it dashed with another Jeep bearing No. RJ 14 1C 2568 which was coming from opposite direction and was being driven in a rash and negligent manner, as a result of which appellant sustained injuries and two other passengers Gurjarmal and Vishram died. It was alleged that non-petitioner No.1-Ramesh was driving the Jeep bearing No. RJ 14 1C 2568 under the employment and for the benefit of non-petitioner No.2-Laxman who is owner of the said Jeep, which was insured with non-petitioner No.3 United India Insurance Co. Ltd. A claim of Rs.4,31,000/- was made as compensation.

(3.) The learned Tribunal after hearing the learned counsel for the parties framed as many as six issues including issue of relief.