PYARIDEVI Vs. SWAROOPSINGH

JUDGEMENT

(1.) These misc. appeals have been preferred by the appellants/claimants and the New India Assurance Company Ltd. under Sec. 173 of the M.V. Act, 1988 ('Act') assailing the validity of the judgment and award dtd. 6/2/2016 passed by learned Judge, Motor Accident Claims Cases, Barmer ('Tribunal') in MAC Case No.449/2015 (396/2015), whereby the learned Tribunal while partly allowing the claim petition preferred by the claimants has awarded compensation in favour of claimants to the tune of Rs.5,00,000.00 on account of death of claimants' daughter, namely, Ms. Khushbu, along with interest @9% per annum from the date of filing the claim petition i.e. 4/2/2015. Both the non-claimants i.e. owner-cum-driver and insurance company have been held jointly and severally liable to pay the compensation quantified by the learned Tribunal.

(2.) The appellants/claimants, by way of filing CMA No.2546/2016 have sought enhancement of the compensation awarded and the appellant- Insurance Company (non-claimant No.2) has challenged the impugned judgment award.

(3.) Facts of the case are that the appellants/claimants filed claim petition under Sec. 166 of the Act claiming compensation to tune of Rs.8,43,000.00 on account of death of their daughter, namely, Ms. Khushbu in the accident, which took place on 10/12/2014. In the claim petition, it was stated that it was on 10/12/2014 at about 11:30 am, while the deceased was plying outside her house situated at Jatiyon Ka Nayabas; at that time, an unnumbered Ford Model Eco-Sport Car, being driven by non-claimant No.1 rashly and negligently, dashed against deceased Khushbu. As a result of which, Khushbu sustained injuries, she was immediately taken to hospital, where she was declared dead. In the claim petition, it was stated that at the time of accident, Ms. Khushbu was 7 years of age and was studying. The claimants thus filed claim petition praying for awarding compensation along with interest under various heads.