LAWS(RAJ)-2024-9-200

AKBAR SHAH Vs. NEW INDIA INSURANCE COMPANY LTD.

Decided On September 18, 2024
AKBAR SHAH Appellant
V/S
NEW INDIA INSURANCE COMPANY LTD. Respondents

JUDGEMENT

(1.) This appeal arises from the judgment and award passed by the learned Motor Accident Claims Tribunal (Tribunal), Bhilwara, in Motor Accident Claim Case No. 357/2012, dtd. 15/5/2014.

(2.) The appellants, being the legal heirs of the deceased Usman Mohammad, have sought an enhancement of the compensation i.e. Rs.9,34,842.00 awarded by the Tribunal, contending that the awarded amount is inadequate and fails to consider the rightful claims as per the law and evidence on record.

(3.) Brief facts of the case are that on 3/3/2012, the deceased Usman Mohammad, aged 32 years, was riding a motorcycle along with his brother Salim Mohammad on the Gangapur road. At that time, a truck-trailer bearing registration number RJ-30/GA-3434, driven by Respondent No. 3 in a rash and negligent manner, suddenly turned towards Anil Dharmakanta, colliding with the motorcycle. As a result, Usman Mohammad sustained grievous injuries and succumbed to them on 9/3/2012 while undergoing treatment.