NATHA LAL Vs. LALA ALIAS DHAVAL

JUDGEMENT

(1.) IN one unfortunate accident, 6 family members of appellant died and, therefore, 6 claim petitions were filed before the Motor Accident Claims Tribunal, which was decided by common award dated 2nd june, 2006 by the Motor Accident Claims tribunal (Court of Addl. District and Sessions judge (Fast Track) No. 5, Udaipur Headquarter Salumbar ). The tribunal awarded compensation of Rs. 4,02,000/- in total on account of death of 6 persons out of whom 4 were minor sons and daughters of the appellant, one was wife of the appellant and one was the mother of the appellant. The appellant, therefore, has preferred this appeal for enhancement of the compensation amount.

(2.) BRIEF facts of the case are that on 11th july, 1994 deceased Smt. Vimla, Miss parisha, Miss Hetal, Master Hitesh, Master nilesh and Smt. Ganga were travelling in jeep No. GH-9b-2234 along with the appellant. The jeep owner Ashok Kurnar was driving the jeep and as per the allegation of the claimant, Ashok Kurnar had driven the jeep rashly and negligently and the epwent out of control and fell in the Well, which was near the side of the road after breaking the boundary wall of the Well resulting into death of 6 persons named above. Subsequently, the owner-cum-driver Ashok kumar also died leaving behind his only minor son Lala.

(3.) FOR this accident, FIR No. 03/1994 was registered in Police Station Pahada, however under Section 174, Cr. P. C. In the said First Information Report under Section 174 Cr. P. C. Final Report was submitted in Court.