NAZMA Vs. NAVAL KISHORE SHARMA

JUDGEMENT

(1.) The present misc. appeal has been filed by the appellants claimants seeking enhancement of the compensation amount awarded vide Judgment & Award dtd. 28/4/2004 passed by the learned Motor Accident Claims Tribunal First, Jodhpur in MAC Case No.555/1999.

(2.) Brief facts of the case are that a claim petition was filed by the claimants with the submission that on 6/3/1998, deceased Salimudin was travelling in the bus bearing registration no.DL-1P 5998 driven by respondent no.1 Naval Kishore Sharma. It was submitted that as the bus was driven rashly and negligently by its driver, the same went out of control and as a result thereof, the bus overturned towards left. The deceased, who was sitting near the left side window, hence, was crushed under the bus and died on the spot. The offending vehicle, on the date of accident, was owned by respondent no.2 and insured with respondent no.3 Insurance Company.

(3.) The appellants-claimants are wife, sons, father, and mother of the deceased Salimudin. The claimants claimed compensation to the tune of Rs.29,00,000.00. However, the learned Tribunal after framing the issues, evaluating the evidence available on the record and after hearing the counsel for the parties awarded total compensation of Rs.3,28,800.00 in favour of the claimants appellants, the break-up of which is as under: