SUSHILA DEVI & ORS Vs. HEERALAL & ORS

JUDGEMENT

(1.) This appeal for enhancement of compensation is directed against the judgment and award dated 24.03.2000 passed by the Motor Accident Claims Tribunal, Ratangarh ('the Tribunal'), whereby the Tribunal has awarded a sum of Rs.10,000/- as compensation alongwith interest @ 12% per annum w.e.f. the date of application i.e. 17.08.1994. Further direction has been given that the respondents No.1 to 3 & 4 to 6 would be liable to pay the amount in proportion of 50% each.

(2.) The application was filed by Smt. Sushila Devi alongwith her 10 children seeking compensation for the death of their husband/father Jhabarmal, who suffered injuries and during course of treatment expired. It was, inter alia, contended that on 24.02.1994 at about 1:00 p.m., the deceased alongwith Jagdish Prashad and Noranglal was travelling in Maruti Car No.ML-05-0483 from Salasar to Chhapar. At about 2:00 p.m. when they reached towards Sujangarh, Jeep No. RJI-5851, which was being driven by Heeralal was seen approaching with great speed, the driver of the Maruti Car took the Car on one side, despite that the Jeep collided with the Car resulting in grievous injuries to the occupants of both the vehicles. In the accident alongwith Jhabarmal his wife Sushila Devi, cousin sister Bhagwani Devi, Mother Hukmi Devi also suffered injuries, Jhabarmal had fracture in pelvis and left foot and he was admitted to Government Hospital Sujangarh, where he remained admitted upto 09.03.1994. On 17.03.1994, when the Jhabarmal again was not feeling well, he was taken to Kalyan Arogya Sadan, Bajaj Gram, Sikar, and was admitted there, where at about 5:30 p.m., he died.

(3.) It was claimed that from the date of accident till his death, the deceased spent time in great mental and physical difficulties, the death occurred on account of rash and negligent driving by the driver of the Jeep and Car for which both are responsible alongwith insurance companies and the owners. It was indicated that the deceased was driver with Rajasthan State Road Transport Corporation ('RSRTC'), he was aged 56 years and his monthly income was Rs.4,007/-. A compensation to the tune of Rs.5,00,000/- towards loss of income, Rs.50,000/- towards medical treatment, Rs.20,000/- towards funeral expenses and under various other heads was claimed, in all a sum of Rs.7,04,500/- was sought as compensation.