KANCHAN DEVI Vs. SHIVRAM CHAUDHARY

JUDGEMENT

(1.) These appeals have been filed against the impugned judgment and award dated 3.9.2008 passed by the Judge, MACT and ADJ (FT) No.1, Beawar whereby the following award/order has been passed: ...[VARNACULAR TEXT UMITTED]... Brief facts of the case are that an accident occurred in the present case and with regard to an accident, a claim petition was filed on behalf of the claimant/s claiming compensation for the loss suffered by them due to the death of Bheru Lal in the road accident which occurred on 16.12.2004. It was stated by the claimants that on 16.12.2004 the deceased Bheru Lal was returning in the tractor bearing Engine No.39/1331/03D.02097 and Chasis No.Q.R.T.C.30605020041 after loading cattle feed in it. The driver of the above tractor drove it rashly agnd negligently due to which the same met with an accident and the deceased Bheru Lal died. The said claim petition was registered as claim case no. 179/2007 (96/2005). An FIR to the incident was lodged at P.S. Gulabpura, Distt. Bhilwara bearing FIR No. 286/2004 in which after investigation charge-sheet was filed. Notices were issued to the opposite parties. Reply to the claim petition was filed and the learned Tribunal framed the issues. After hearing all the parties, the learned Tribunal passed the aforesaid impugned judgment & award under appeal/s.

(2.) Against the impugned judgment and award under agppeal/s, the claimants as also non-claimants preferred the instant appeals for the relief as prayed for in them.

(3.) Learned counsel for the claimants has contended that the impugned award passed by Tribunal is not in consonance with the fact and law applicable to this case. While assessing the compensation, it has failed to consider the matgerial on record and failed to appreciate the evidence in true sense. It is also contended that the learned Tribunal has committed gross illegality by exonerating the insurer from its liability on the ground that the deceased was traveling in tractor trolley which is not public service vehicle and not magde for traveling. It is submitted that the deceased was returning after loading cattle feed in the tractor when the accident occurred. Therefore, it is crystal clear that the vehicle was being used for agricultural purposes only. It is further contended that the Tribunal has committed illegality by assessing the income of deceased to be Rs.5000/- pm whereas it was the specific plea of the claimant that the deceased was earning Rs.3.0 lacs per year which remained uncontroverted. Further, it is submitted that the learned Tribunal has committed serious error by awarding the interest only @ 7.5% pa whereas it ought to have been 18% per annum. Hence impugned award deserves to be modified/enhanced.