SUDHA YADAV AND OTHERS Vs. RAGHUNATH AND OTHERS

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 (hereinafter referred to as the 'Act of 1988') against the judgment and award dated 27.7.2010 passed by the learned Motor Accident Claims Tribunal, Jaipur District, Jaipur (hereinafter referred to as the 'Tribunal') in Claim Petition No.460/2009 titled as Smt. Sudha Yadav and Ors. v. Raghunath and Ors. whereby the learned Tribunal has awarded compensation of Rs. 14,68,704/- to the claimants/appellants alongwith interest @ 6% per annum from the date of filing of the claim petition till payment.

(2.) Skeletal material facts necessary for disposal of this appeal are that on 11.2.2008, Shri Dharmendra Kumar Yadav while performing his duty of 'Nakabandi' at check post as Constable of Police Station Kanota, one trolla bearing No. RJ-14-GB-4610 came from Bassi side, which was driven by his driver rashly and negligently and he hit Dharmendra Kumar whereupon Dharmendra Kumar sustained serious injuries in the accident and died on the spot. An FIR No.84/2008 was registered at Police Station, Kanota. Police investigated the matter and filed charge-sheet against the non-claimant-respondent No.1-Raghunath for the offence under Sections 279 and 304-A IPC.

(3.) The claimant-appellants being widow, minor son and daughter, and parents of the deceased, have filed the claim petition before the learned Tribunal under Section 166 and 140 of the Act of 1988 for compensation of Rs. 54,94,000/-. It is averred in the claim petition that Late Shri Dharmendra Kumar was 30 years aged at the time of the accident and he was employed as Constable in Police Station, Kanota and his income was Rs. 9000/- per month. It is also averred that offending vehicle was owned by non-claimant No.2 and was insured with non-claimant No.3, therefore, all the non-claimants are responsible for payment of compensation to the claimants.