LR OF PURAKH SINGH Vs. NARENDRA SINGH

JUDGEMENT

(1.) The instant misc. appeal has been filed by the claimant/appellant under Sec. 173 of the Motor Vehicles Act, 1988 ('the Act of 1988') challenging the validity of judgment/award dtd. 24/5/2017 passed by the learned Judge Motor Accidents Claim Tribunal (First), District Jodhpur ("Tribunal") in M.A.C Case Number 93/2012 (941/14) whereby the learned Tribunal has partly allowed the claim petition of the claimant and awarded an amount of compensation to the tune of Rs.4,33,000.00 in total with the interest @ 9% p.a. while fastening the liability upon respondents jointly and severally.

(2.) Brief facts of the case are that On 3/11/2011, at about 6:00 A.M., deceased-Smt. Kamla Kanwar was going towards her agricultural field situated near village Gumansinghpura. At that time, a Bolero Jeep bearing registration No. RJ-19-UA-2446, driven rashly and negligently by respondent No.1, came from Shergarh side and hit her. She sustained grievous injuries and died on the spot. A claim petition was initially filed by her husband Purkha Singh, but during pendency he expired. Thereafter, her father-in-law, the present appellant, was brought on record as dependent. The appellant pleaded before the learned Tribunal, that the deceased was a homemaker, contributing substantially in agricultural activities, used to earn Rs.5,000.00 per month. The respondents denied liability to pay quantum of compensation to the appellant. The Insurance Company pleaded that the accident was caused by another Bolero bearing No.RJ-19-UA-2872 and further contended breach of policy conditions.

(3.) The learned Tribunal, after appreciating evidence, held the driver of Bolero No.RJ-19-UA-2446, negligent, and awarded Rs.4,08,000.00 towards loss of dependency and Rs.25,000.00 towards funeral expenses, totaling Rs.4,33,000.00, deducting interim award of Rs.50,000.00 and being aggrieved of such meager amount awarded by the learned Tribunal, the present misc. appeal has been filed by the appellant/claimant.