VISHAN SINGH KHICHI Vs. SATPAL SINGH

JUDGEMENT

(1.) The present misc. appeal has been filed by the appellantclaimant seeking enhancement of the compensation amount awarded vide judgment/award dtd. 25/6/2012 passed by the Motor Accident Claims Tribunal, Pali in MAC Case No. 120/2011.

(2.) Brief facts as pleaded in the claim petition are that on 6/3/2011, Sushma Deval, along with her husband Vishan Singh, their daughter Surbhi and their daughter's friends Rajna and Alka, were traveling from Khiwandi to Jodhpur in their car bearing registration number RJ-19-CB-5497. At 10:30 AM, when they reached near Bandai, a car bearing registration number RJ-14-CG-8618 driven by Satpal Singh, collided with their car. Satpal Singh was driving rashly and negligently in the wrong direction. The collision occurred while Vishan Singh was driving on the correct side of the road. Unfortunately, due to the accident, Sushma Deval succumbed to her injuries and Vishan Singh, Surbhi, Rajna and Alka sustained grievous injuries and were taken to MDM Hospital, Jodhpur. However, during the course of treatment, Surbhi also passed away.

(3.) The appellant-claimant is the father of deceased Surbhi. The learned Tribunal after framing the issues, evaluating the evidence available on record and after hearing the counsel for the parties, while assessing the monthly income of the deceased to be Rs.8,499.00, awarded total compensation of Rs.4,17,952.00 in favour of the appellant-claimant, the breakup of which is as under: