SMT. SANGEETA Vs. GOKUL SINGH

JUDGEMENT

(1.) The appeal has been preferred against the judgment dated 11.7.2008 passed by learned Additional District Judge (Fast Track) No.7, Jaipur City, Jaipur - cum - Motor Accident Claims Tribunal, in Motor Accident Claim Case No.117/2004 (1488/2001), whereby an award of Rs.4,33,000/- has been passed in favour of appellant and respondents No. 6 and 7, against respondent No.4 only along with interest @ Rs.6% p.a. from the date of presentation of claim petition. Out of the awarded amount, Rs.1,00,000/- was apportioned in addition to Rs.40,000/- already awarded under Section 140 of the Motor Vehicles Act, in favour of the appellant and rest of the amount was apportioned between respondents No.6 and 7.

(2.) Brief facts giving rise to the appeal are that initially respondents No.6 and 7 submitted a claim petition impleading the appellant as respondent No.6, against rest of the respondents impleaded in the present appeal, stating inter alia that on 2.7.2000 their son deceased Sushil Kumar was coming from Delhi to Jaipur in Tata Sumo No.RJ14-4C- 1735. Near village Sherpur, a Tanker No.HR38-2656, coming from the side of Jaipur, driven rashly and negligently, collided with the Tata Sumo, whereby Sushil Kumar and driver of the Tata Sumo were died and others were injured. FIR No.334/2000 was registered at Police Station Behrod, wherein after investigation, police filed charge-sheet against the driver of Tanker for offence under Section 279, 337 and 304A I.P.C. At the time of death, Sushil Kumar was 22 years of age and was working as Supervisor in Saraswati Engineering Works, Jaipur, earning Rs.4,000/- per month. Claimants are his parents whereas respondent No.6 (Smt. Sangeeta Devi) is wife of the deceased. But, she has left after death of husband, her matrimonial house severing all the relations and not returned despite many efforts. After filing reply by respondent No.6 - Smt. Sangeeta Devi, learned Tribunal directed the claimants to implead Smt. Sangeeta Devi as claimant No.3. On completion of pleadings following issues were framed by the Tribunal :- <IMG>JUDGEMENT_102_LAWS(RAJ)11_2016.jpg</IMG>

(3.) Learned Tribunal decided the claim after hearing all the parties vide judgment dated 11.7.2008 and passed the award as stated herein above.