SAYARI DEVI & ORS. Vs. RAMESHWARLAL & ORS.

JUDGEMENT

(1.) The misc. appeal for enhancement has been filed by the claimants appellants being the legal heirs of late Shri Mangilal under Section 173 of the Motor Vehicles Act (for short hereinafter called; "the Act") challenging the judgment cum award dated 25.4.2000 passed by the M.A.C.T., Jodhpur in Claim Case No. 125/1994 (706/1995) whereby the claim application filed by tin claimants appellants under Section 166 of the Motor Vehicles Act was partly allowed and as against the claim of 11,35,000/-, they were awarded compensation to the tune of 3,08,000/- on account of death of Shri Mangilal in a road accident.

(2.) Facts in brief are that late Shri Mangilal was travelling on a scooter along with one Bhagirath on 3.2.1994. They were proceeding from the Pal Link Road Jodhpur to Shashtrinagar. When they reached near the Marwar Muslim School, a Truck Bearing Registration No.603 coming from the opposite direction and driven in a rash and negligent manner by its driver Rameshwar went to the wrong side of the road and collided with the scooter. Mangilal and Bhagirath received injuries in the accident. Mangilal expired at the spot. Bhagirath expired while undergoing treatment.

(3.) Two separate claim applications were filed by the legal heirs of Mangilal and Bhagirath before the Motor Accident Claims Tribunal, Jodhpur under Section 166 of the Motor Vehicles Act.