MARIYAM WIDOW OF MOHD. KHAN Vs. KESHU LAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and award dtd. 22/2/2017 passed by Motor Accident Claims Tribunal, Bheenmal, District Jalore in MAC Case No. 87/2011 (99/2014) whereby the learned Tribunal partly allowed the claim petition and exonerated respondent No.2 Insurance Company from its liability.

(2.) Brief facts of the case are that a claim petition was preferred by the claimants with the submission that on 27/5/2011, Mohd. Khan was travelling towards Bheenmal in his loading tempo bearing registration No. RJ-24-GA-0680. Upon reaching near Mudtara-Abantri Fanta, a transport vehicle/Pickup bearing registration No. RJ-30-GA-1660, owned by respondent No. 1, approached from behind which being driven rashly and negligently, caused a collision resulting in the fatality of Mohd. Khan due to sustained injuries. FIR No. 73/2011 pertaining to this incident was lodged at Police Station Modra.

(3.) The appellants-claimants are dependants of deceased Mohd. Khan. The claimants claimed compensation to the tune of Rs.50,40,000.00. However, the learned Tribunal after framing the issues, evaluating the evidence available on the record and after hearing the counsel for the parties, while assessing the monthly income of the deceased to be Rs.5,000.00, awarded total compensation of Rs.10,06,200.00 in favour of the claimants-appellants, the break-up of which is as under: