SUKANA DEVI Vs. JITENDRA KUMAR

JUDGEMENT

(1.) The appellant - claimants herein are before this Court seeking enhancement of the amount of award dtd. 18/3/2019 passed by the learned Motor Accident Claims Tribunal, Abu Road ('the Tribunal') in Claim Case No.108/2016, vide which, the learned Tribunal has awarded a sum of Rs.9,31,100.00 in favour of the appellant-claimants herein.

(2.) Facts first. On 7/12/2015, at approximately 10:30 AM, Rajmal, also known as Raju Bhai, aged 43, was present and working at his shop near Mandar Bus Stand as part of his daily routine. On the fateful day and time, respondent No.1 was coming from Mandar towards Revdar driving a trailer (registration number RJ01-GA-9090) rashly and negligently at high speed. Owing to this, it first collided with a stationary pick-up truck (registration number GJ02-VV-6985) parked on the roadside. Despite the collision, the trailer did not stop and further rammed into the shop of the deceased. The impact of the accident was so severe that multiple vehicles and pedestrians were hit, resulting in one fatality right on the spot. Rajmal @ Raju Bhai Rajmal sustained critical head injuries and was rushed to Palanpur Hospital. Due to the severity of his injuries, he was transferred to a hospital in Ahmedabad, where he succumbed to those injuries on 8/12/2015, during treatment. FIR No.149/2015 was registered at Mandar Police Station.

(3.) Learned tribunal had framed four issues, English translated version of which is as below :