CHAMPA DEVI Vs. ASHOK BHAI DABARIYA

JUDGEMENT

(1.) The present misc. appeal has been preferred by the appellants-claimants seeking enhancement of the compensation amount awarded vide judgment/award dtd. 1/2/2024 passed by the Motor Accident Claims Tribunal (ADJ) Pindwara, District Sirohi in MAC Case No. 386/2022 (180/2017) (CIS No. 386/2022). The learned Tribunal, vide impugned judgment/award dtd. 1/2/2024 awarded a sum of Rs.7,76,100.00 in favour of the claimants alongwith interest @6% per annum from the date of filing of the claim petition.

(2.) Brief facts as pleaded in the claim petition are that on 23/3/2017, Prabhuram Meghwal was en route from Bamanwada to Pindwara, on his motorcycle bearing registration no. RJ-38-SA-7020. At approximately 3:00 PM, upon reaching Sarhad Jhankar, a Toyota car bearing registration no. GJ-01-RB-1168, being driven rashly and negligently, collided with Prabhuram's motorcycle from behind, resulting in an accident. Unfortunately, Prabhuram succumbed to the injuries sustained in the incident. FIR No. 101/2017 pertaining to the accident was lodged at Police Station Pindwara. The offending vehicle, on the date of accident, was insured with respondent No.2 - Insurance Company.

(3.) The appellants-claimants are the dependants of deceased Prabhuram. The learned Tribunal after framing the issues, evaluating the evidence available on record and after hearing the counsel for the parties, while assessing the monthly income of the deceased to be Rs.5,382.00, awarded total compensation of Rs.7,76,100.00 in favour of the appellants-claimants, the breakup of which is as under: <IMG>JUDGEMENT_54_LAWS(RAJ)1_2025_1.jpg</IMG> Learned Tribunal also awarded interest @6% per annum from the date of filing of the claim petition i.e. 28/6/2017.