SURENDRA SINGH Vs. MANOHAR SINGH AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and Award dt. 19.01.2006 passed by the learned Judge, Motor Accident Claims Tribunal, Balotra in MACT Case No. 89 of 2003 whereby the learned Court below has partly allowed the claim petition.

(2.) BRIEF facts of this appeal are that on 13.02.2003 at about 4.30 PM Bhanwardass, Babudass @ Babulal and Govind Singh were going from Kalyanpur to Jodhpur in Jeep No. RJ 22C/1757, which was being driven by Govind Singh Driver. When they reached towards village Araba approximately 1Km away, they saw a Bus No. RJ 19P/4935 coming towards them, which was being driven by driver Manohar Singh rashly and negligently at a high speed and hit the jeep. On account of which, all the persons sitting in the jeep including the driver sustained serious injuries and they died in the way before reaching to Jodhpur for treatment. It was further subbmitted that in accident, the jeep was completely damaged, therefore, a claim petition was filed by Surendera Singh owner of the jeep through his Special Power of Attorney -holder Madan Dass claiming damage to the tune of Rs. 1,10,000/ - with interest @ 12@ p.a. from the date of accident. Other claimants have also filed their separate claim petitions.

(3.) AFTER conclusion of trial, the learned Tribunal awarded Rs. 60,000/ - as compensation against non -claimants No. 1, 2 and 3 but the liability of the non -claimant No. 3 was kept limited upto Rs. 6000/ - with interest. Being aggrieved by the judgment and award dt. 19.01.2006, the claimant preferred the present appeal for enhancement of awarded amount and for holding the full liability of the Insurance Company for payment of compensation amount. Notice of the appeal were issued to the claimant -respondents.