URMILA KARNAWAT Vs. RAJVEER CHAND BHANDARI

JUDGEMENT

(1.) This appeal is directed against the award of the Motor Accident Claims Tribunal (First), Jodhpur dt. 03.10.2008 deciding the MACT case No. 438/2007 under Section 166 of the Motor Vehicles Act, 1988.

(2.) In an accident which took place on 19.05.2007 the deceased Pradeep Karnawat along with few other persons was travelling in the insured car taxi No. RJ 19 T 3288, while coming back from Phalodi to Jodhpur at about 10 PM in the night, the said car taxi being driven in rash and negligent manner by the driver hit from the back side of the tractor running on the said road and on account of the said accident, said Pradeep Karnawat died. He was aged 43 years and was working as a Manager in firm M/s Sophisticated Traders, Jodhpur and was also doing part time accounts work in M/s Gayatri Medical Hall at Jodhpur. The deceased left behind widow of 37 years, two sons Raunak aged 15 years and Gaurav aged 11 years, besides parents the mother at age 65 years and father at age 71 years. The claim petition was filed on 24.07.2007 claiming compensation on account of said death at Rs. 93,23,000/-.

(3.) The Tribunal after recording the evidence of witnesses, determined the said compensation at Rs. 6.00 lacs and further awarded sum under the heading of loss of consortium, funeral expenditure etc. and thus total compensation of Rs. 6,52,000/- was determined by the learned Tribunal which was directed to be paid by the respondent, the New India Assurance Company Ltd. along with interest at the rate of 7.5% per annum.