PINGLA DEVI Vs. GOPAL LAL

JUDGEMENT

(1.) THE aforesaid three appeals arise out of the award dated 27.2.1991 passed by the learned Motor Accidents Claims Tribunal, Jaipur, awarding a sum of Rs. 47,500/ - in Claim Case No. 644 of 1989, Rs. 3,23,800/ - in Claim Case No. 484 of 1989 and Rs. 4,85,800/ - in Claim Case No. 297 of 1989.

(2.) THE accident had taken place on 27.1.1989. Mahesh Chandra, B.L. Talang, injured Bhanwar Lal and others were going in a jeep towards Dholpur. It was alleged that the driver of the jeep drove it rashly and negligently and the jeep went in the kacha and dashed against a tree. Mahesh Chandra and B.L. Talang suffered grievous injuries and died on the spot. Bhanwar Lal also suffered injuries. In the reply it was averred that the driver had to go on the kacha road because a truck was coming in fast speed and in order to avoid the accident when he applied brakes the jeep dashed against the tree. The Tribunal framed five issues in each case. After recording the evidence and hearing the parties, the Tribunal held under issue No. 1 that the accident had occurred because of the rash and negligent driving of the jeep. Under issue No. 2 the aforesaid amount was held to be just and proper compensation.

(3.) ON the other hand, Mr. Agrawal submits that the amount awarded is already on the higher side and awards need no interference.