LAXMI Vs. ROOPA RAM

JUDGEMENT

(1.) The present misc. appeal has been preferred by the appellants-claimants seeking enhancement of the compensation amount awarded vide Judgment and Award dtd. 31/8/2018 passed by Motor Accident Claims Tribunal, Jodhpur Metropolitan in MAC Case No. 210/2014 (2389/2014). The learned Tribunal, vide impugned judgment/award dtd. 31/8/2018, awarded a sum of Rs.10,73,968.00 (including an interim relief of Rs.50,000.00) in favour of the claimants, alongwith interest @6% per annum from the date of filing of the claim petition.

(2.) Brief facts as per the claim petition are that on 9/6/2013, Bhera Ram alias Sumer and his brother-in-law Kalu Ram were going from Sangaria to Bambor on motorcycle bearing registration No. RJ-19-AS-1087. At around 7:40 pm, when they reached towards Pal Choraha, Jodhpur, an Alto car bearing registration No. RJ-19-CD-2143, being driven rashly and negligently on wrong side of the road, hit the motorcycle. Both Bhera Ram and Kalu Ram suffered grievous injuries and Bhera Ram succumbed to the injuries. FIR No. 167/13 pertaining to the said accident was lodged at Police Station - Chopasani Housing Board, Jodhpur.

(3.) The offending vehicle, on the date of the accident, was insured with respondent No. 3 Insurance Company.