PUSHPA KANWAR Vs. JASVINDRA SINGH

JUDGEMENT

(1.) The present misc. appeal has been filed by the appellants-claimants seeking enhancement of the compensation amount awarded vide judgment dtd. 1/2/2002 passed by the Motor Accident Claims Tribunal, Bikaner in MAC Case No.240/95. The learned Tribunal, vide impugned judgment dtd. 1/2/2002 awarded total compensation of Rs.3,59,000.00 in favour of the claimants-appellants. However, on account of contributory negligence, 50% amount was deducted from the awarded compensation and an amount of Rs.1,79,500.00 was awarded in favour of the claimants alongwith interest @9% per annum from the date of filing of claim petition i.e. 28/11/1996.

(2.) Brief facts of the case as pleaded in the claim petition are that on 11/5/1995, Devi Singh was travelling with his family members to his village Thathar. A truck bearing registration No. PCH-8427 coming from Ganganagar was driven rashly and negligently by its driver Jasvindra Singh on the wrong side of the road and hence, collided with another vehicle due to which number of persons including Devi Singh died. The offending vehicle, on the date of accident, was insured with respondent No.3 Insurance Company.

(3.) The appellants-claimants being the wife and children of the deceased, are his dependants. The claimants claimed compensation to the tune of Rs.11,57,000.00. 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.1800.00, awarded total compensation of Rs.3,59,000.00 in favour of the claimants-appellants. However, on account of contributory negligence, 50% amount was deducted from the awarded compensation and an amount of Rs.1,79,500.00 was awarded in favour of the claimants-appellants, the breakup of which is as under: