SHANTI Vs. SAHI RAM

JUDGEMENT

(1.) The present appeal has been preferred under Sec. 173 of the Motor Vehicles Act, 1988 (for short, 'the Act of 1988') against the judgment/award dtd. 18/8/2018 passed by the Motor Accident Claims Tribunal First, Jodhpur in Motor Accident Claim Case No.172/2014 (NCV No.3183/14) whereby the claim petition as preferred by the claimants under Sec. 166 of the Act of 1988 has been partly allowed and an award for an amount of Rs.10,05,748.00 with interest @ 9% per annum from the date of filing of claim petition has been passed in favour of the claimants. It is relevant to note that Smt. Paru Devi, mother of the deceased, was though impleaded as proforma non-claimant, the learned Tribunal awarded a sum of Rs.55,748.00 in her favour. In the present appeal too, she has been impleaded as proforma respondent no.7.

(2.) Brief facts of the case are that a claim petition was preferred by the claimants with the submission that on 19/1/2014, Satya Narayan was travelling as a pillion rider with his brother (nonclaimant No.4) on motorcycle bearing registration No.RJ19-KS0109 from Village Agolai to Mehram Nagar, Janadesar. At about 12:30 PM, near Dugar Sarhad, they were hit by the offending vehicle i.e. motorcycle bearing registration No.RJ19-GS-4264 which was driven rashly and negligently on wrong side of the road by its driver - non-claimant No.1. As a result of the said accident, Satya Narayan succumbed to the injuries on 24/1/2014 while undergoing treatment in the hospital at Jodhpur. The offending vehicle, on the date of accident, was insured with respondent No.3 - Insurance Company.

(3.) The appellants-claimants being the wife and daughter of deceased Satya Narayan, claimed compensation to the tune of Rs.1,39,28,000.00. However, the learned Tribunal after framing the issues, evaluating the evidence available on the record and after hearing the counsel for the parties, while assessing the monthly income of the deceased to be Rs.4,914.00, awarded total compensation of Rs.10,05,748.00 in favour of the claimantsappellants, the break-up of which is as under: