ANITA Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The present misc. appeal has been filed by the appellantsclaimants seeking enhancement of the compensation amount awarded vide Judgment and Award dtd. 2/2/2023 passed by the Motor Accident Claims Tribunal, Rajsamand, in MACT Case no.183/2022(CIS No. 183/2022).

(2.) Brief facts of the case are that a claim petition was preferred by the claimants with the submission that on 16/12/2021, Ranjeet Singh, while going from his village towards Godaji village, at about 01:30 PM, was hit by the offending motorcycle bearing registration No.RJ 36-T-1938 coming from Bhim, being owned by respondent no.2. It was submitted that the said vehicle was driven rashly and negligently on wrong side of the road by its driver (respondent No.1). As a result of the said accident, Ranjeet Singh sustained serious injuries and was taken to Bhim for treatment. On his condition having become critical, he was being shifted to private hospital at Ajmer but on the way to Ajmer, he succumbed to injuries. An FIR bearing no. 617/2021 qua the said incident was registered at PS, Bhim.

(3.) The appellants-claimants are wife, daughters and mother of deceased Ranjeet Singh. The claimants claimed compensation to the tune of Rs.1,28,35,000.00. 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.7000.00, awarded total compensation of Rs.13,93,000.00 in favour of the claimants-appellants, the break-up of which is as under: