MUMTAJ BANO Vs. SHRAVAN CHOUDHARY

JUDGEMENT

(1.) Instant misc. appeal has been filed by the appellants-claimants under Sec. 173 of the Motor Vehicles Act, 1988, assailing the impugned judgment and award dtd. 30/5/2015 passed by learned Judge, Motor Accident Claim Tribunal Jaitaran, District Pali (hereinafter referred to as "the learned MACT/Tribunal") in MAC Case No.109/2013 titled as "Smt. Mumtaj Bano and Ors. Vs. Shravan Choudhary and Ors.", whereby the learned Tribunal partly allowed the claim petition filed by the appellants/claimants and awarded a meager compensation of Rs.4,90,796.00.

(2.) Brief facts of the case are that the appellants-complainants filed a claim petition under Sec. 166/140 of MV Act before the learned Tribunal stating that on 11/2/2012, when deceased Abdul Latif was travelling to Beawar in a passenger Jeep bearing registration No. RJ-20-TA-0079, when a Trailer bearing registration No.RJ-01-GA-3093 coming from opposite direction in a rash and negligent manner and collided with the said Jeep. As a result of which, Latif sustained multiple severe injuries and subsequently succumbed to the injuries. It was averred in the claim petition that the accident occurred due to rash and negligent driving of respondent No.1, trailer driver and the claimants sought adequate compensation for the death of Latif.

(3.) In response, the respondent No.3/Insurance Company filed reply to the claim petition, denying the averments of the claim petition. No reply was filed on behalf of the respondent No.1/ Driver and No.2/owner and therefore, ex-parte proceeding was drawn against them.