PRAKASH KUNWAR Vs. SOM SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 05.09.2003 passed by Motor Accident Claims Tribunal, Sirohi ('the Tribunal'), whereby, for the death of one Rugnath Singh, the Tribunal has awarded a sum of Rs.2,72,000/ - as compensation alongwith interest @ 6% per annum from the date of filing application for compensation ('the application') i.e. 18.12.1998.

(2.) THE facts in brief may be noticed thus: the deceased alonwith Leelaram, Vagaram, Bhimaram, Ganeshram, Nagaram and Chhagan alongwith one Obaram was travelling in the Jeep bearing Registration No.RJ -24 -T -72 on 26.08.1998 from Shivganj to Sirohi, when at about about 09.00 PM, a Truck bearing Registration No.RRN -5055, which was being driven by Som Singh struck the Jeep from behind, which resulted in the Jeep turning turtle and it fell into a ditch, which resulted in all the passengers therein receiving simple and grievous injuries to which ultimately Rugnath Singh and Obaram succumbed.

(3.) THE Tribunal framed six issued and after evidence was led by the claimants, it came to the conclusion that the accident occurred on account of rash and negligent driving by driver of the Jeep, which resulted in the accident and, consequent injury to the occupants and death of Rugnath Singh and Obaram.