HIGH COURT OF RAJASTHAN
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GUMAN MAL LODHA,J. -
(1.)THIS judgment will dispose of the appeal filed by the claimsants, against the impugned Award dated the 28th March, 1980 passed by the Motor Accident claims Tribunal, Tonk, dismissing the claims petition of the claimsants for compensation.
(2.)BRIEFLY stated the facts giving rise to this appeal are that, Chhotu and Ralu were father and son. While going on cycle to their fields on 7th November, 1977 at about 6.30 a.m. on Jaipur Tonk Road, near garden of Ishaq Khan, which is 2 kms away from Tonk, they were hit by truck No. RRL 2737, which was being driven by Hanuman Singh, rashly and negligently.The cycle was going by in Kacha of the left side of the road but, the speed of the truck was to much and was being driven so negligently with the result, Chhotu died on the spot on the hit of the truck to the cycle and Kalu because unconscious who also died in the hospital. The truck did not stop then and there and its number came to be known at the Municipal Barrier of Tonk. On account of the injured sustained in the accident, Chhotu and Kalu died.
It is alleged that Chhotu, the deceased, was a healthy and young person and was the only number to bread his family and Kalu, the deceased was working with his father, as helper. The dependants of the deceased have claimed the compensation and expectancy of the income benefit from the deceased in the following manner.1. Bheru, Father of Chhotu, Rs. 50 p.m. for 10 years Rs. 6,000/ -2.Mst. Lali, Mother of Chhotu Rs. 40/ - p.m. for 15 Years Rs. 7,200/ -3. Mst. Ganga, w/o Chhotu Rs. 100/ - p m. for 40 years 48,000/ -4. Prabhu, s/o Chhotu claimsed Rs. 10,400/ -5. Mst. Meera d/o Chhotu Rs. 18,500/ -6. Sita d/o Chhotu Rs. 21,600/ -In all, a sum of Rs. 2,78,700/ - was claimsed as compensation.
(3.)THE respondent Nos. 1 and 2 filed their joint reply denying the accident so also the income of the deceased Chootu as Rs. 100/ -per month. The respondents also denied that the truck was being driven fastly, rashly and negligently. On the pleadings of the parties, the issues were framed and in support of their case, the claimsants examined Bheru (PW 1), Pyarelal (PW 2), Jamna Lal (PW 3), Dr. Beni Prasad (PW 4) and Ganpat (PW 5) in additional to the documentary evidence produced and the non -claimsants examined Hanuman Singh (DW 1), Satyanarain(DW 2) and Kazi Afajallul Islma (DW 3). The Tribunal decided issue No. 1 against the claimsants holding that it is not proved that this accident took place with the truck No. RRL 2737 driven by Hanuman Singh. While deciding issue No. 2, the Tribunal came to the conclusion that the compLalnants are entitled to get Rs. 20,000/ - as compensation for the death of Chootu and Rs. 5,000/ - as compensation for the death of Kalu. The Tribunal, as the issue No. 1 was being decided against he claimsants, dismissed the claims petition of the complainants for compensation.
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