CHUNNI LAL AND ANOTHER Vs. ATNARCHAND AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the award dated May 7, 1985 of the Motor Accidents Claims Tribunal, Jodhpur, allowing compensation of Rs. 31,000 with interest, at the rate of 10% per annum to the claimants. Out of the aforesaid amount, the Insurance Company has been held liable for Rs 2,000 only.

(2.) The accident took place on Feb. 28,1981 on the Jodhpur-Bilara road between two trucks-(1) No. RJQ 2467 belonging to the claimant and driven by Amra Ram and (2) No. RSY 6829 belonging to Rashid Khan respondent No. 2 and driven by Amar Chand, respondent No. 1. The claim petition was filed by Chunnilal and Motiram owners of the truck No. RJQ 2467, for compensation of damages sustained by their truck, in the accident.

(3.) The Tribunal, by the award dated May 7, 1985, has awarded a sum of Rs. 31,000 as compensation to the claimants. The Tribunal has also allowed interest at the rate of 10% per annum. The liability of the Insurance Company was limited to Rs. 2,000 only. The Tribunal has held that the accident was on account of the fault of Amar Chand, driver of truck No. RSY 6829, belonging to Rashid Khan. According to the Tribunal, Amar Chand was driving the truck rashly and negligently. Aggrieved by the award of the Tribunal, the appellants have filed the present appeal, for enhancement of the amount of compensation.