LADDA DEVI Vs. LAXMINARAYAN

JUDGEMENT

(1.) The instant appeal for enhancement of compensation has been preferred by the claimant-appellants under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 23.11.2006 passed by Judge, Motor Accident Claims Tribunal & Special Judge, SC/ST (Prevention of Atrocities) Cases, Dausa (in short 'the Tribunal') in Motor Accident Claim Case No.253/2005 titled Smt. Lada Devi & Ors. Vs. Laxminarain & Ors, whereby the learned Tribunal has awarded compensation of Rs.3,25,760/- alongwith interest @ 7% per annum from the date of filing of the claim petition till realisation.

(2.) Brief facts necessary for disposal of this appeal are that the claimant-appellants being widow, son, daughters, father and mother of the deceased Ramulal filed the claim petition before the learned Tribunal under Section 166 of the Motor Vehicles Act, 1988 for compensation of Rs.41,85,000/- stating therein that on 28.9.2004, Ramulal was going from his village to Kanota in his camel cart loaded with wood. When he reached near Shiv Vigyani Dharmkanta, Bus Stand, Kanota, a tanker bearing No.RJ-29-G0347 being driven rashly and negligently by it's driver, hit the camel cart. Ramulal sustained serious injuries in the accident and he died during the treatment. FIR of the incident was lodged at Police Station, Kanota bearing FIR No.404/2004 and after investigation charge-sheet was filed against the non-claimantrespondent No.1. The claimant-appellants also averred that at the time of the accident, the deceased-Ramulal was 25 years aged and he was doing the work of furniture and agriculture, and his income was Rs.6000/- per month.

(3.) Non-Claimant-Respondents No.1 to 2-A & 2-B opposed the claim petition by filing reply thereto. The non-claimants admitted the factum of the accident, registration of FIR, registration number of the vehicle involved in the accident, names of owner, insurer and driver of the vehicle and denied all other material averments of the claim petition stating therein that driver of the tanker was not negligent and the said accident occurred due to sole negligence of the deceased Ramulal himself, and prayed to dismiss the claim petition.