JODHA LAL Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) THESE three appeals have been filed by the claimants against the award of Motor Accidents Claims Tribunal, Jaipur, dated 17th June, 1985.

(2.) ON 25.6.1982 at about 6.10 p.m. a jeep No. MHM 5867 belonging to Rajesh Motors along with their employees was coming from village Palri to Jaipur. Near Sishodia Rani Garden at Ghat Ki Guni, a truck No. RSD 3048 was going from Jaipur to Bharatpur. Both the vehicles were being driven rashly and negligently at fast speed, when they collided with each other. Satya Narain husband of Kanti, Mohan Lal son of Jodha Lal and Banshi Lal husband of Sushila died on the spot due to the injuries sustained by them in this accident. One Ashok was also seriously injured in this accident.

(3.) NOW the main controversy in these three appeals is relating to the compensation allowed by the Tribunal which is sought to be increased by the claimants. So far as the owner, driver, insurance company concerned in this accident are concerned they have not filed any appeal whatsoever, and therefore it is not necessary to consider and decide and adjudicate the question of rashness and negligence which has been proved and has not been challenged. Similarly, the fact that these three persons died on account of this accident and the claimants are entitled to compensation is not in dispute.