JAYANIHAL CHANDANI Vs. MOHAMMAD MUMTAJ

JUDGEMENT

(1.) These appeals have been filed under Sec. 173 of the Motor Vehicles Act, 1988 against the judgment and award dtd. 25/7/2016 passed by the learned Motor Accident Claims Tribunal, Tonk (for short 'Tribunal') in MAC Case No. 300/2015, whereby the claim petition filed by the appellants-claimants (respondents in CMA No. 6043/2016) was partly allowed.

(2.) The brief facts of the case are that on 23/2/2015, when Mohan Lal (since deceased) was going to Nehru Park near Sabilshah Chowki on his Activa scooter, a bus bearing registration No. RJ26-PA-0443, belonging to Rajasthan State Road Transport Corporation (for short 'appellant-Corporation'), and being driven by its driver in a rash and negligent manner, hit the scooter. As a result of which, Mohan Lal sustained grievous injuries and subsequently died. 2.1 Thereafter, the claimants filed a claim petition before the learned Tribunal, which was partly allowed, and a compensation of Rs.8,14,170.00 along with interest @ 7.5% per annum from the date of filing of the claim petition, was awarded in their favour.

(3.) Being aggrieved by and dissatisfied with the impugned judgment and award, Appeal No.5960/2016 has been preferred by the claimants seeking enhancement of the compensation, whereas Appeal No.6043/2016 has been preferred by the appellant-Corporation assailing the validity and legality of the impugned judgment and award.