RAJASTHAN STATE ROAD TRANSPORT Vs. SAVITRI DEVI
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Rajasthan State Road Transport
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(1.) Vide this order above mentioned four appeals would be disposed of as they have arisen out of one accident and common award dated 11.10.2018 passed by the Motor Accident Claims Tribunal.
(2.) Claimants had filed two claim petitions under Section 166 of the Motor Vehicle Act, 1988 seeking compensation on account of death of Omprakash in the motor vehicle accident which had occurred on 06.05.2013 and injuries suffered by claimant Savitri Devi. Both the claim petitions were clubbed together. Vide award dated 11.10.2018, learned Tribunal has allowed the claim petitions filed by the claimants and in the death case, learned Tribunal has awarded compensation to the tune of Rs. 25,44,938/-, whereas, in the injury case, learned Tribunal has awarded compensation to the tune of Rs. 67,212/-. Hence, corporation has filed two appeals seeking dismissal of the claim petitions, whereas, the claimants have filed two appeals seeking enhancement of compensation amount.
(3.) Learned counsel for the Corporation has submitted that the accident had occurred due to rash and negligent driving of Sunil, who was driving the Alto Car bearing registration No. HR-26-BA- 2721. Hence, the claim petitions filed by the claimants against the corporation were liable to be dismissed. Learned counsel has further submitted that the amount of compensation granted by the Tribunal was on a higher side and required to be reduced.;
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