DIL KAUR Vs. SOHRAB KHAN

JUDGEMENT

(1.) THE claimant -appellants have filed this appeal under Section 173 of the Motor Vehicles Act against the judgment/award dated 5.12.1995 of the Motor Accident Claims Tribunal, Jaipur District, Jaipur.

(2.) THE facts in brief are that at about 7.00 -7.30 a.m. on 12.10.1990 when the deceased Ram Chandra was standing on his side of the road near Thana Chandwaji a truck bearing No. RNS -4278 being driven rashly and negligently by respondent No. 1 hit the deceased Ram Chandra as a result of which he died on the spot. The truck belonged to respondent No. 2 and respondent No. 3 is the Insurance Company. Claimant -appellant No. 1 is the widow and claimant -appellant Nos. 2 to 6 are sons and daughters of the deceased Ram Chandra. The learned Tribunal after hearing the parties held that the accident occurred due to rash and negligent driving of the driver of the truck and passed an award of Rs. 1,32,600 in favour of the claimant -appellants. Aggrieved by this judgment/award the claimant -appellants have filed this appeal.

(3.) MR . Amit Sharma on behalf of Mr. J.P. Goyal for respondent No. 3 has supported the judgment of the learned Tribunal.