JUDGEMENT
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(1.) WITH the consent of the parties, the appeal is heard and
decided finally.
(2.) THIS appeal is directed against judgment and award dated 12.06.2012 passed by the Motor Accident Claims Tribunal, Doongarpur ('the Tribunal'), whereby, for death of one Krishna
Chandra, the Tribunal has awarded a sum of Rs.7,02,140/ -
alongwith interest @ 6%. It has been further directed in the
award that if the amount of compensation is not paid within a
period of one month, the claimants would be entitled to interest
@ 9%.
The facts in brief may be noticed thus: on 25.03.2009 at about 12:30 PM one Krishna Chandra was travelling on a Scooty,
when respondent No.1 Rakesh Kumar, who was driving motor
cycle, struck him from behind, which resulted in several injuries
to said Krishna Chandra; he was referred for treatment to
Gujarat and on way to Himmat Nagar he succumbed to injuries;
application for compensation ('the application') was filed by the
appellants - wife, son and married daughter of the deceased
Krishna Chandra, inter alia, with the claim that deceased was
aged 54 years and was employed as Upper Division Clerk with
the Education Department and was getting Rs.23,404/ - as salary
and, therefore, the claimants were entitled to a sum of
Rs.44,27,200/ - as compensation.
(3.) REPLY to the application was not filed by respondent Nos.1 and 2. However, respondent No.3 Insurance Company filed its
reply and disputed the averments contained in the application.;
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