SHOBHA DEVI Vs. YUNUS ALI

JUDGEMENT

(1.) Application (01/24) filed by learned counsel for the appellants seeking dispensing with service upon unserved respondents No.1 and 2 is allowed for the reasons mentioned therein and the service of notice qua unserved respondents No.1 and 2 is dispensed with.

(2.) The instant misc. appeal has been filed by the appellant/claimant under Sec. 173 of the Motor Vehicle Act, 1988 ('the Act of 1988') against the judgment and award dtd. 9/5/2019 passed by learned Judge, Motor Accident Claims Tribunal, Merta in Claim Case No.10/2019, whereby the learned Tribunal partly allowed the claim petition of the claimant/appellant and awarded compensation of Rs.13,16,848.00 along with interest @ 8% p.a.

(3.) Brief facts of the case are that the appellant/claimant's son, Kesha Ram met with an accident on 23/8/2018 when he was traveling as a pillion rider on the motorcycle bearing number RJ- 21-SJ- 8228, with the vehicle bearing number RJ-01-CD-5483, near Amarprem Petrol Pump, on account of which he sustained injuries and died on the same day. A claim was filed before the learned Tribunal under Sec. 166 of the MV Act wherein the appellant/claimants claimed a sum of Rs.48,93,000.00. Learned Tribunal, after hearing the parties and upon perusal of the record, awarded a compensation to the tune of Rs.13,16,848.00 with an interest of 9% p.a.