SHRI JAGDISH, SON OF KISHAN LAL JI, AGED 49 YEARS AND ORS. Vs. SHRI PRAMOD KUMAR SON OF BHANWARLAL KOTHARI, RESIDENT OF DHORA MOHALLA, KANKROLI, DISTT. RAJSAMAND AND ORS.

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 19.8.2002 passed by the Motor Accident Claims Tribunal, Rajsamand ('the Tribunal'), whereby the Tribunal has awarded a sum of Rs. 1,42,200.00 as compensation along with interest @ 9% p.a. from the date of application i.e. 1.4.2000.

(2.) The application for compensation was filed by the claimants-parents, wife and children of one Ramesh with the averments that he was driving motor-cycle along with one Chandra Prakash when the offending tractor struck the motor-cycle, resulting in both the occupants suffering grievous injuries to which Ramesh succumbed. It was claimed that Ramesh was aged about 25 years, involved in marble trading and used to earn Rs. 5,000.00, based on the said averments compensation was sought.

(3.) The driver of the offending vehicle also died in the accident and therefore, the claim was filed against the owner of the tractor as well as its insurance company.