RAJ KANWAR & ORS Vs. HUSSAIN MOHAMMED & ORS
LAWS(RAJ)-2013-1-383
HIGH COURT OF RAJASTHAN
Decided on January 10,2013

Raj Kanwar And Ors Appellant
VERSUS
Hussain Mohammed And Ors Respondents

JUDGEMENT

- (1.) Instant civil miscellaneous appeal has been filed by the claimantappellants for enhancement of the amount of compensation awarded by the Motor Accident Claim Tribunal, Sojat, MAC Case No. 149/1995 vide judgment and award dated 6.8.1999.
(2.) Brief facts of the case are that the appellantclaimants filed a claim petition before the Motor Accident Claim Tribunal, Sojat for compensation of T 8,36,000/ under various heads stating therein that in the accident occurred on 9.5.1995 when husband of claimant No. I late Mohan Singh was travelling in Tata Truck No. R)-20-G-1300 from Kachnariya Tehsil Hindaul (District Bundi) to Kekari, on the way, the said truck which was being driven by its driver Hussain Mohammed rashly and negligently dashed against the bridge and overturned and consequently, Mohan Singh sustained 'head injury and died on the spot. The truck driver Hussain Mohammed ran away. On 10.5.1995, an F.I.R. was registered against' the driver of the truck, in which after investigation challan was filed by the police.
(3.) In the above incident, deceased Mohan Singh died because he sustained injury upon his head. Thereafter, a claim petition was filed by the claimants against the registered owner of the truck in question, the driver and respondent insurance company for compensation of L 8,36,000/-. According to the claimants, deceased Mohan Singh was 60 years of age and retired from the post of Compounder/stockman in the Animal Husbandry Department and after his retirement, he was attending animals and getting L 100/- per day.;


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