RAMJI LAL SAINI Vs. SHAHJAD KHAN

JUDGEMENT

(1.) THE instant civil misc. appeal has been filed by the appellant -claimant under Section 173 of the Motor Vehicles Act for enhancement of the impugned award dated 31.1.2007 passed by the MACT, Alwar in claim case No.403/2005, whereby the Tribunal while partly allowing the claim awarded a sum of Rs.2,87,800/ - as compensation to the claimant -appellants.

(2.) THE brief facts as emerging on the face of record are that a claim petition came to be filed by the parents, brothers and sister of deceased Narayan before the Tribunal under Section 166 of the M.V. Act stating therein that on 10.10.2005 the injured Narayan went in connection with jot(prayer) to Umren from there when he was returning to Alwar after completing the job on 10.10.2005 then after Dhai Pedi and in front of Farm House of Chhabdi he was driving motor cycle towards his side at that time from opposite direction a Tempo bearing No.R.J. -02/G A -0184, which was being driven rashly and negligently came there and hit deceased's motor cycle from wrong side due to which deceased Narayan's head, eye and nose crushed thereafter he was carried in a vehicle to the hospital, where he succumbed on account of the injuries. The report of the said incident was lodged at Aravali Vihar Police Station. The concerned police after investigation filed a challan against non -petitioner No.1 Shahjad Khan on finding Shahjad Khan guilty. It was averred in the claim petition that deceased Narayan Saini was 25 years of age, he was working on the post of Foreman in the National Product casting, Dehli Road, Alwar and supplying milk from which he was earning Rs.6000/ - per month. The claimants demanded Rs.87,45,000/ - on all counts as a compensation. It was alleged that at the time of accident the non -petitioner No.1 was driver of the offending vehicle and he was working under the employment and for the benefit of the owner of the said vehicle non -petitioner No.2. The offending vehicle was insured with the non -petitioner No.3 Insurance Company. Therefore, it was prayed that all the non -petitioners are responsible for payment of compensation to the claimants jointly and severally.

(3.) THE Tribunal after hearing both the parties, framed as many as 5 issues including the issue of relief. The claimant in support of his claim got recorded statements of A.D.1 claimant Ramji Lal himself, A.D.2 Sunil Saini and also produced 13 documents in documentary evidence. The Tribunal after hearing both the parties and perusing the evidence and material available on record passed the impugned award granting a total compensation of Rs. 2,87,800/ - under the different heads. Hence this appeal.