NANI Vs. SOMA LAL

JUDGEMENT

(1.) THE instant appeal has been preferred by the claimant-appellants against the judgment and award dated 14. 3. 1996 passed by Judge, Motor Accident Claims Tribunal, Dungarpur in Claim Case No. 108/91 whereby the learned Tribunal has awarded a sum of Rs. 1,04,750/- as compensation in favour of appellant-claimants and against respondents No. 1 to 3.

(2.) BRIEFLY stated the facts of the case are that the claimant- Smt. Nani filed two claim petitions before the Motor Accident Claims Tribunal, Dungarpur, being Claim No. 107/91 for the injuries sustained by herself and claimed a sum of Rs. 1,99,000/ -. She also filed another claim case on behalf of herself and on behalf of her five minor children, being Claim Case No. 108/91 claiming compensation of Rs. 4,65,000/- on account of untimely death of her husband-Lakshi in accident occurred between Truck No. GJ-09t/4276 and Truck No. HNH 5975 at Bichhiwara-Ratanpur Road, Dungarpur.

(3.) AFTER hearing the parties, the learned Tribunal held that the accident occurred due to rash and negligent driving of both the concerned vehicles resulting in causing injuries to Mst. Nani and death of Lakshi and decided their responsibility fifty-fifty. It was further held that as the driver, owner and Insurance Company of Truck No. HNH 5975 have not been made parties. Thus, the learned Tribunal awarded half of the compensation amount determined to the claimants. In this way, in Claim Case No. 108/91 vide common judgment and award determined Rs. 2,09,500/- as compensation but awarded half of the said amount of Rs. 1,04,750/- in favour of the claimants and directed the non- claimants No. 1 to 3 to pay or deposit the amount of Rs. 1,04,750/- as compensation plus interest @ 12% p. a. from the date 11. 9. 91. They were made jointly and severally responsible.