SHANKAR LAL SONI Vs. PRAHLAD GURJAR

JUDGEMENT

(1.) The instant civil miscellaneous appeal has been preferred by the appellants-claimants under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') praying enhancement in the award dtd. 21/3/2016 passed by the Presiding Officer, Motor Accident Claims Tribunal No.1, Jaipur Metropolitan, Jaipur, in claim case No. 966/2014 titled as Shankar Lal Soni and ors. vs. Prahlad Gurjar and ors. whereby the learned Tribunal has awarded compensation of Rs.6,05,000.00 in favour of appellants-claimants along with interest @ 6% per annum on account of death of Smt. Kaushlya Devi.

(2.) Briefly stated the facts of the case are that on 1/10/2014 deceased Smt. Kaushlya Devi was walking with her husband on Road No.9 VKIA near Carnation Auto, Vehicle bearing Registration No. RJ-14-GC-4272 came from backside in fast speed in rash and negligent manner and hit Smt. Kaushlya Devi who sustained grievous injuries and during the course of treatment died, hence claim petition was filed before the Tribunal.

(3.) Notices were served to the respondents. Respondents No.1 and 2 i.e. driver and owner remained ex parte. Respondent No.3- Insurance Company of the offending vehicle appeared and filed the written statement disputing all the averments made in the claim petition.