PRAVEEN RAI Vs. PARASMAL

JUDGEMENT

(1.) Instant appeal has been filed by the appellants against the judgment and award dated 04.03.2004 passed by the Judge, MACT, Sojat District Pali in Motor Accident Claim Case No. 62/2002 whereby, the learned Tribunal while partly allowing the claim petition of the claimants, granted compensation in the sum of Rs. 1,40,000.00 along with interest @ 6% per annum from the date of filing of claim petition till its recovery.

(2.) As per facts of the case, the claimants filed a claim petition to the effect that on 13.12.2001 at around 5:45 PM the wife of appellant no.1, Smt. Manju Rai who was sitting behind the motorcycle of respondent no.1, fell off from the motorcycle due to rash and negligent driving of respondent no.1 and suffered grievous injuries and later on succumbed to the injuries. In the claim petition, the appellants have attributed cause of accident as rash and negligent driving of the offending vehicle. It is stated that at the time of death, Manju Rai was 28 years old who did household work and stitching and used to earn Rs. 6000.00 per month. While showing his monthly income as Rs. 6000.00, his dependants filed a claim petition under Sec. 140 read with Sec. 166 of the Act before the learned Tribunal. In the claim petition, the appellants claimed total amount of compensation to the tune of Rs. 40,00,000.00 under various heads. For substantiating the claim, requisite documents were also submitted with the claim petition by the appellants.

(3.) The claim is contested by respondents No.1 and 2 and the facts averred in the claim petition are refuted. The respondent no.1 denied the accident to be caused by his motorcycle, whereas, respondent no.2 attributed negligence on the part of driver for occurrence of the accident and violation of the conditions of the policy.