RAJESH KANWAR Vs. MUNNA RAM

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and award dated 12.3.1999 rendered by M.A.C.T., Ajmer, whereby an amount of Rs. 1,00,000 ex gratia payment has been directed to be reduced from the total amount of compensation of Rs. 1,48,000 under the award and only an amount of Rs. 23,000 has been decreed in his favour.

(2.) SKIPPING unnecessary details, the nub of the appellants' story is thus: That the deceased Mahendra Singh was working as a volunteer in Home Guards. He had gone on election duty to Nagaur with the polling party. It is alleged that on 22.5.1991 at about 11.45 p.m., when the polling party was returning from Nagaur to Ajmer by truck bearing registration No. RJD 8046, an unfortunate accident occurred near Marwar Bus Stand. It is further alleged that the driver of the truck was driving it rashly and negligently at a fast speed, as a result of which the driver on a turn of a road lost the control over it and the truck turned turtle, resulting into injuries to all the members of polling party including Mahendra Singh, who during treatment succumbed to his injuries in JLN Hospital, Ajmer.

(3.) THERE being statutory force in the submissions of the learned counsel for the appellant, Mr. Tripurari Sharma, learned counsel appearing for the insurance company has not opposed the same.