SHARDA DEVI Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) The present appeal has been preferred by the appellants-claimants seeking enhancement of the compensation amount awarded vide judgment and award dtd. 11/1/2022 passed by Motor Accident Claims Tribunal, Merta in MAC Case No.59/2019.

(2.) The learned Tribunal, vide impugned judgment/award dtd. 11/1/2022 awarded a sum of Rs.21,04,720.00 in favour of the claimants alongwith interest @ 9% per annum from the date of filing of claim petition i.e. 5/7/2019.

(3.) Brief facts of the case are that a claim petition was preferred by the claimants with the submission that on the fateful evening of 23/5/2018, the deceased Kishanaram @ Hathiram, in the company of his father Mangilal, was returning from Khariya Khangar village towards their native abode, each astride his own motorcycle. At approximately 9:20 p.m., when Kishanaram (deceased) had reached the stretch of road near the village water tank, a Swaraj make tractor with a trolley attached thereto, being driven at an excessive speed and in a rash and grossly negligent manner, came from the opposite direction and hit Kishanaram's (deceased) motorcycle in a head-on collision. The impact proved fatal, as Kishnaram sustained grievous injury upon his neck, resulting in his instantaneous death at the very site of occurrence.