- (1.)This appeal under Section 173 of the Motor Vehicles Act, 1988 ('the Act1) is directed against the judgment and award dated 27.11.2019 passed by the Motor Accident Claims Tribunal, Sagwada, District Dungarpur ('the Tribunal'), whereby the Tribunal has awarded compensation to the tune of Rs.6,25,350/- to the claimants alongwith interest @ 7% p.a. from the date of application.
(2.)The application for compensation was filed by minor Bhagyashree, aged 10 years through her guardian for death of his father Prem Ji inter-alia with the submissions that her father, who was aged 40 years and was working at Mumbai in canteen and was involved in agriculture operations, was earning Rs.10,000/-per month, on 20.01.2015, at about 3:00 p.m. suffered accident by rash and negligent driving by respondent Rajendra, resulting in grievous injury to his head, he was given primary treatment at Sagwada Government Hospital and Udaipur, however, applicant's father succumbed to injuries on 24.01.2015, a compensation to the tune of RS.41,50,000/- was claimed.
(3.)Reply was filed by the driver and owner of the offending motorcycle denying the averments made and prayed for dismissal of the application.