RAMPAL Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) The present misc. appeal has been filed by the appellantsclaimants seeking enhancement of the compensation amount awarded vide judgment dtd. 1/2/2018 passed by the learned Motor Accident Claims Tribunal, Shahpura, Bhilwara in MAC Case No.75/2013.

(2.) Brief facts of the case are that a claim petition was filed by the claimants with the submission that on 14/1/2013, Ranglal and Mukesh were going on a motorcycle bearing registration No.RJ 14-BF-9444 from Amer towards Kunda. At about 08:45 PM, when they reached near fire brigade office, Kunda under the jurisdiction of Police Station Amer, their motorcycle was hit from front by the offending vehicle i.e. Jeep bearing registration No.RJ 14-T-1938, owned by respondent no.2. The said vehicle was driven rashly and negligently on wrong side of the road by its driver/respondent No.3. As a result of the said accident, Ranglal died on the spot. An FIR bearing no. 29/2013 qua the said accident was registered at PS Amer, Jaipur and after investigation, a charge sheet was filed against respondent no.3 Driver.

(3.) The appellants-claimants are father, mother and wife of deceased Ranglal. The claimants claimed compensation to the tune of Rs.37,92,000.00. 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.4576.00 (as per the minimum wages of a semi skilled worker) and considering the age of the deceased to be between 26-30 years, awarded total compensation of Rs.9,56,284.00 in favour of the claimantsappellants, the break-up of which is as under: