PUSHPA DEVI Vs. NARAYAN LAL

JUDGEMENT

(1.) The instant misc. appeal has been filed by the claimants/appellants under Sec. 173 of the Motor Vehicles Act, 1988 ('the Act of 1988') challenging the validity of judgment/award dtd. 24/3/2021 passed by the learned Judge, MACT, District Rajsamand, in MAC Case No.234/2020, whereby claim petition of the claimants was partly allowed and they were awarded Rs.12,46,000.00in total with the interest @ 6% p.a., by assessing the income @8400/- ,however the Learned tribunal failed to award the non pecuniary damages on count of parental consortium to the wife, childrens and father of the deceased.

(2.) Brief facts of the case that on 18/5/2020, at around 8 a.m., Guman Singh, aged 39, was traveling on his self-owned tractor (registration no. RJ.22.RA.9969) after loading bricks. While driving from the supplier towards his village, near Kantaliya by a bridge, a Bolero car (registration no. RJ.30.UA.2646) driven rashly and negligently collided with Guman Singh's tractor, causing it to fall off the bridge. As a result of the accident, Guman Singh sustained fatal injuries and died on the spot. The incident was witnessed by Shri Narendra Singh, who was passing by on the same route and observed the Bolero car driving at high speed and recklessly hitting the tractor. Narendra Singh promptly informed Guman Singh's brother, and together they reported the accident at the Bagdi Nagar police station, where FIR no. 59/2020 was registered.The claimant then filed the claim petition claiming compensation of Rs.21,42,000.00 on account of untimely death of Guman Singh, the sole breadwinner. The claim petition was contended by the non-claimant while refusing the claim.

(3.) After hearing both the parties, the learned Tribunal partly allowed the claim petition of the claimants and vide judgment/award dtd. 24/3/2021 awarded quantum of compensation to the tune of Rs.12,46,000.00with the interest @6% p.a. and being dissatisfied of the award, the claimants have preferred the claim petition.