SHANKUNTALA AND ORS. Vs. RAMLAL AND ORS.

JUDGEMENT

(1.) THESE two appeals filed by the claimants and the non -claimant - National Insurance Co., arising out of same judgment and award of the learned Motor Accident Claims Tribunal, Didwana, dated 11.11.2005 deciding claim petition filed by the claimants/appellants being MAC Case No. 90/2000 -Smt. Shakuntala & Ors. v. Ramlal & Ors., are being disposed of by this common order.

(2.) BRIEFLY stated, the facts of the case are that the claimants filed a claim petition on account of death of Sh. Satish Kumar, the sole bread winner of the family in an accident, which took place on 25.03.2000 while the deceased along with his companion was going in Car No. RJ -21 -C -0765 from Deedwana to Jodhpur, which was plied by one Harun. At about 07.00 AM, when the said Car reached near Chimrani (Nagaur) Village Ketawar, then a Truck (RJF -5231) coming from Jodhpur side, which was plied by its Driver (non -claimant No. 1) rashly and negligently, hit their car and on account of said accident, deceased Satish Kumar died on the spot and other persons suffered injuries. The claimants filed claim petition on 04.05.2000 claiming compensation to the tune of Rs. 30,96,000/ - as the deceased was a Government servant and was working as Assistant Agriculture Officer at Deedwana.

(3.) THE learned Tribunal as per pleadings of the parties proceeded to frame five issues including relief.