SAVITABEN AND ORS. Vs. LAL SINGH AND ORS.

JUDGEMENT

(1.) The appellants have preferred this appeal against the impugned order dated 22.3.1996 passed by the learned Judge, Motor Accident Claims Tribunal, Rajsamand in Claim Case No. 234/1994 by which the learned Tribunal attested the compromise of parties and awarded 1,15,000/- in favour of the appellants-claimants along with interest @ 12% if the amount awarded is not deposited within two months.

(2.) The brief facts of the case are that a claim petition was filed under Section 140/166 of the Motor Vehicles Act, 1988 being Claim Case No. 234/1994 wherein it was pleaded that on 4.11.1993, at about 9.20 P.M. deceased Hansmukh Lal was slowly driving a matador bearing Registration No. JBO 289 from Kankroli towards Nathdwara, a truck bearing Registration No. DL-1G-1465 dashed into the matador which resulted into grievous and fatal injuries on the head and chest of the deceased Hansmukh Lal, driver of matador, which resulted into his death. It was also pleaded in the claim petition that the deceased was earning 1,500/- per month and was aged 30 years at the time of accident and as such compensation claimed under various heads was 8,40,000/- against the driver, registered owner and Insurance Company of the truck.

(3.) Notices were issued to the respondents by the learned Tribunal. Thereafter, on 22.3.1996, Counsel for the appellants-claimants Shri Basanti Lal Lodha entered into compromise with the Insurance Company on behalf of the appellants-claimants in the Lok Adalat and award of 1,15,000/- was passed in favour of the appellants-claimants.