MUNNI DEVI Vs. GOVIND RAJPUT

JUDGEMENT

(1.) Heard learned Counsel for the parties. This is a Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 for enhancement of the compensation awarded by the Motor Accident Claims Tribunal (Special Judge, Decoity Affected Area), Bharatpur (hereinafter to be referred as 'Tribunal') in MAC No. 97/2002; Munni Devi & Ors. v. Govind Rajput & Anr., whereby the claim filed by the claimant-appellants has been partly allowed to the extent of Rs. 8,03,220.

(2.) Briefly stated, the facts of the case are that the Thakur Dass Saini went to Ranjeet Nagar on 13.1.2002. When he was returning back by the Tempo No. RJ-05-P-0745 at 8.30 p.m., the accident was occurred with a jeep due to rash and negligent driving by the driver of the Tempo and Jeep, and Thakur Dass Saini sustained serious injuries in his body as a result of which, he was admitted in the General Hospital, Bharatpur, where he died.

(3.) The claimant-appellants filed a claim petition before the Motor Accident Claims Tribunal, Bharatpur for the alleged loss sustained by them due to death of Thakur Dass Saini. It was further alleged by the claimant-appellants that at the time of accident, the deceased Thakur Dass Saini's age was 52 years and he was working as Male Nurse in Government Zanana Hospital, Bharatpur. His salary was Rs. 15,000 per month. The claimant-appellants were dependent on the deceased and they claimed for compensation to the tune of Rs. 19,01,000. The said Tempo was belonging to the respondent No. 1 - Govind Rajput and respondent No. 2 - New India Insurance Company Limited is the insurer of the said Tempo.