DURGA DEVI Vs. SHOKIN

JUDGEMENT

(1.) These misc. appeals have been filed by the appellants/claimants under Sec. 173 of the M.V. Act, 1988 seeking enhancement of the compensation while challenging the judgment and award dtd. 27/6/2017 passed by learned Judge, Motor Accident Claims Tribunal, Sirohi in MAC Cases No.240/2012 (CIS No.370/2014) and 176/2012 (CIS No.273/2014), whereby the learned Tribunal partly allowed the claim petitions filed by the appellants/claimants and awarded compensation of Rs.12,18,000.00 and Rs.14,60,000.00 respectively in favour of respective claimants. The learned Tribunal has awarded interest @7.5% per annum on the compensation from the date of filing the claim petition. Both these appeals arising out of same accident are being disposed of by this common judgment.

(2.) Briefly stated, the facts of the case are that the appellants/claimants filed claim petition under Sec. 166 and 140 of the M.V. Act, 1988 claiming compensation from the respondents on account of death of their bread winners, who lost their life in the accident, which took place on 19/9/2012. In the claim petitions, it was inter-alia alleged by the claimants that on 19/9/2012 deceased, namely, Ramlal and Narayan Lal along with their friends went to have darshan of Ashapura temple in Car number RJ-24-CA-3230 and while they were returning from the temple, at about 04:00 pm, a truck bearing number HR-38L-7575, which was plied by its driver rashly and negligently, hit the car and on account of injuries suffered by the occupants of the car, Ramlal and Narayanlal died on the spot. FIR No.320/2012 of the incident was lodged at Police Station Sumerpur, District Pali, wherein after investigation, charge sheet was filed against Shaukin, driver of the offending truck for the offences under Ss. 279, 304A of IPC. At the time of accident, non-claimant No.1 was plying the vehicle under the employment and instructions of non-claimant No.2 and the vehicle was insured with non-claimant No.3 i.e. insurance company. It was further alleged in the claim petitions that deceased Ramlal and Narayan were 22 and 26 years of age. In the claim petition No.176/2012 preferred by claimants Geeta and others alleged that deceased Ramlal was earning Rs.12000.00 per month and they claimed compensation of Rs.1,15,15,000.00 along with interest @ 15% p.a. In claim petition No.240/2012, preferred by claimants Durga Devi and others alleged that as per ITR for AY 2010-11, the yearly income of deceased Narayan was Rs.1,43,710.00 as he was running a shop in the name and style of M/s Sundesha Fashion and they claimed compensation of Rs.1,26,00,000.00 along with interest @ 15% p.a.

(3.) After the claim petitions being registered, summons were issued to the non-claimants and despite service, nobody put in appearance on behalf of non-claimant No.1 and, therefore, exparte proceedings were ordered against him on 30/3/2013.