SMT. PUSPHA Vs. MUKESH CHANDRA BHATT

JUDGEMENT

(1.) The present appeal has been preferred by the appellants for enhancement of the amount awarded by the learned Motor Accident Claims Tribunal, Banswara vide judgment & award dated 27.05.2004 in Motor Accident Claim Application Case No. 52/2003.

(2.) The counsel for the appellants submits that on 24.12.2002 at around 05:30 P.M. deceased Sukhlal was travelling with his colleagues from Raina to Garhi in Jeep bearing registration No. RJ 03/C 1333. The Jeep met with an accident near Raiyana Water Tank in which Mr. Sukhlal died.

(3.) In these circumstances, a claim petition was filed by the appellants before the learned Motor Accident Claims Tribunal, Banswara contending therein, that the Driver of the jeep was driving the jeep rashly and negligently and, therefore, the jeep met with an accident resulting in death of Sukhlal. The respondent No. 3 Insurance Company filed a reply to the claim petition.