SARASWATI Vs. PUKHRAJ

JUDGEMENT

(1.) The present misc. appeal has been filed by the appellants-claimants seeking enhancement of the compensation amount awarded vide Judgment and Award dtd. 2/5/2016 passed by the Motor Accident Claims Tribunal, Bhilwara in MAC Case no.173/2011.

(2.) Brief facts of the case are that a claim petition was preferred by the claimants with the submission that on 2/12/2010, Bhanwar Singh, accompanied by Satish Kumar, was traveling in a tempo bearing registration No.RJ-06-PA-1055. At approximately 8:15 PM, upon reaching the Chittorgarh-Bhilwara National Highway near Atoon, a trailer with registration No.RJ-26-GA-1178 owned by respondent No. 2 approached from the direction of Chittorgarh. The said vehicle being driven rashly and negligently, caused a collision, resulting in the fatality of Bhanwar Singh due to the sustained injuries. FIR No.278/2010 pertaining to this incident was lodged at Police Station Sadar Bhilwara.

(3.) The appellants-claimants are dependants of deceased Bhanwar Singh. The claimants claimed compensation to the tune of Rs.50,50,000.00. However, the learned Tribunal after framing the issues, evaluating the evidence available on record and after hearing the counsel for the parties, while assessing the monthly income of the deceased to be Rs.5,962.00, awarded total compensation of Rs.11,40,840.00 in favour of the claimants- appellants, the break-up of which is as under: