MANBHAR Vs. MODARAM

JUDGEMENT

(1.) The present appeal has been filed by the appellants-claimants (for short 'claimants') under Sec. 173 of the Motor Vehicle Act, 1988 against the judgment and award dtd. 15/5/2012 passed by the learned Motor Accident Claims Tribunal, Tonk (for short 'Tribunal') in Claim Case No.157/2011 whereby the claim petition filed by the claimants was partly allowed.

(2.) The brief facts of the case are that on 18/12/2010, Shivji Lal @ Shyoji was climbing onto a standing truck bearing registration No.RJ-01-2528 (for short 'Truck-2528') using the attached stairs when, at that moment, another truck bearing registration No.RJ-19-GA-2000, being driven by Respondent No.1 in a rash and negligent manner, hit both the Truck-2528 and the deceased. As a result of which, Shivji Lal @ Shyoji fell down from the Truck-2528 and sustained fatal injuries, resulting in his death on the spot.

(3.) Thereafter, the claimants preferred a claim petition before the learned Tribunal and claimed compensation on account of death of deceased, which was partly allowed and a sum of Rs.4,16,044.00 was awarded in favour of the claimants, along with interest @7% per annum from the date of filing of the claim petition till payment.