NIRMAL Vs. RAJENDRA PRASAD

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. 1/2/2024 passed by learned Judge, Motor Accident Claim Tribunal, Nagaur (hereinafter referred to as "the learned MACT/Tribunal") in MAC Case No.92/2019 titled as "Smt. Nirmal and Ors. Vs. Rajendra Prasad and Ors.", whereby the learned Tribunal partly allowed the claim petition filed by the appellants/claimants and awarded a meager compensation of Rs.1,00,000.00.

(2.) Brief facts of the case are that the appellants-complainants filed a claim petition under Sec. 166 of MV Act before the learned Tribunal, stating that on 20/5/2019, when deceased Smt. Jani Devi along with her son Anil @ Anil Kumar was travelling from Village Kuchera to Firojpura on a motorcycle bearing registration No.RJ-21-SZ-1124. When they reached near the said route, a Bolero Vehicle bearing registration No.RJ-05-UA-5594 coming from the opposite direction, being driven in a rash and negligent manner, collided head-on with their motorcycle. As a result of which, Smt. Jani Devi and her son Anil Kumar fell down and sustained multiple severe injuries to which they later succumbed. It was specifically averred in the claim petition that the accident occurred solely due to rash and negligent driving of respondent No.1- Bolero driver and therefore, the appellants- claimants sought adequate compensation for the untimely death of Smt. Jani Devi.

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