- (1.) THIS appeal is directed against the judgment and award dated 05.10.2007 passed by Motor Accident Claims Tribunal, Chittorgarh (for short 'the Tribunal' hereinafter) in Claim Case No.719/2004, whereby the learned Tribunal has awarded compensation of Rs.2,70,000/ - along with interest at the rate of 8% per annum from the date of filing of the claim petition.
(2.) THIS appeal has been preferred by the appellant for enhancement of the compensation awarded by the Tribunal. Brief facts of the case are that on 13.01.2004 at about 3:50 P.M., father of appellant Sohan Lal was going on motorcycle No.RJ -09/4M - 6740 and when he reached Falwan Mines, at that time, a Truck bearing No.RJ.19 -1G -4926, which was being driven rashly and negligently and at a high - speed by its driver, dashed the motorcycle, on account of which, Sohan Lal fell down from the motorcycle and received serious injuries, he was taken to hospital, where he succumbed to the injuries.
(3.) A claim petition was preferred on behalf of the son, mother and father of the deceased -Sohan Lal alleging that the accident took place on account of rash and negligent driving by the driver of the Truck No.RJ.19 -1G -4926, as a result of which, Sohan Lal died and, therefore, compensation to the tune of Rs.66,08000/ - was claimed. The claim was contested by the respondents. The learned Tribunal, on the basis of pleadings of the parties, framed as many as four issues and while deciding the issues, has held that the accident took place on account of negligence of the truck driver, and as the truck was insured with the respondent -insurance company, the truck driver, owner as well as the insurance company were held liable jointly and severally for indemnifying the damages caused to the claimants. The learned Tribunal has assessed the income of the deceased as Rs.24,000/ - per annum and has awarded compensation of Rs.2,40,000/ - to the claimants under the head of loss of income, under the head of love and affection and funeral expenses, a sum of Rs.30,000/ - has been awarded to the claimants, thus, in all, a sum of Rs.2,70,000/ - along with interest at the rate of 8% per annum has been awarded.;