KAMALA ALIAS JHAMAKU Vs. PUKHRAJ DESHANTARI

JUDGEMENT

(1.) These two misc. appeals have been filed by the appellants/claimants seeking enhancement of the compensation awarded by the learned Judge, Motor Accident Claim Tribunal, Rajsamand ('Tribunal') vide its judgment and award dtd. 27/3/2017 passed in MAC Case Nos. 66/2012 and 65/2012 respectively, whereby the learned Tribunal after considering the oral as well as documentary, has awarded compensation to tune of Rs.20,000.00 and Rs.10,27,600.00 respectively on account of injuries suffered by claimant, Smt. Kamala @ Jhamku and death of sole bread winner late Sh. Manohar Singh.

(2.) Facts apposite for the purpose of disposal of these misc. appeals are that the appellants/claimants filed claim petitions under Ss. 166 and 140 of the M.V. Act before the learned Tribunal on account of injuries suffered by Smt. Kamala @ Jhamku and on account of death of Sh. Manohar Singh claiming compensation to tune of Rs.20,82,000.00 and 42,06,000/- respectively. In the claim petition, it was inter-alia stated that on the fateful day i.e. on 22/8/2011, Manohar Singh (deceased), claimant Smt. Kamala @ Jhamku and their son along with other passengers were traveling from Ramdevra to Jodhpur in Bus bearing registration number RJ-15-PA-1100. On the roof of the said bus bicycles of passengers were kept. The driver of the said bus was driving the vehicle rashly and negligently and since the bicycles were kept on the roof of the bus, the same touched the electricity line, as a result of which electricity flowed in the vehicle, which resulted in sustained injuries to the passengers of the bus. Claimant, Smt. Kamala sustained burn injuries and her husband, Sh. Manohar Singh died due to electrocution. In the claim petition, it was alleged that Sh. Manohar Singh at the accident was 30 years of age and was a skilled labour and was earning Rs.10,000.00 per month. Thus, it was stated that Sh. Manohar Singh was the sole bread winner of the family and on account of his untimely death, the claimants claimed compensation to the tune of Rs.42,06,000.00 and claimant Smt. Kamala @ Jhamku claimed compensation of Rs.20,82,000.00 on account of injuries suffered by her in the said accident. FIR No.178/2011 was lodged in the concerned police station, wherein after investigation, charge sheet was filed against driver of the vehicle (Ex.3).

(3.) After registration of the claim petitions, notices were issued to the non-claimants. Despite service upon non-claimants No.1 to 3 nobody appeared and, therefore, exparte proceedings were drawn against them.