- (1.) THIS appeal is directed against the judgment and award dated 07.05.2002 passed by Motor Accident Claims Tribunal, Udaipur ('the Tribunal'), whereby, for the death of one Chandra Prakash, the Tribunal has awarded a sum of Rs.3,27,000/ - (wrongly indicated as Rs.3,37,000/ - in the award) as compensation alongwith interest @ 9% per annum from the date of filing application for compensation ('the application') i.e. 06.04.1996.
(2.) THE facts in brief may be noticed thus: on 15.08.1995 at about 06.00 PM the deceased Chandra Prakash was travelling in a Jeep, which met with an accident with another Jeep bearing No.RJ -06 -C -1160 owned by the respondent - Sumesh Chawla, which resulted in death of Chandra Prakash. The application for compensation was filed by the appellants before the Tribunal, inter alia, it was claimed that the deceased Chandra Prakash was aged about 40 years and was involved in business from which his monthly income was Rs.3,127/ - and claimed loss of income at Rs.9,79,500/ - and various sums under conventional heads like loss of consortium, mental agony, etc. The application was opposed by the Insurance Company by filing reply.
(3.) AFTER evidence was led by the parties and the submissions were made, the Tribunal came to the conclusion that the accident occurred on account of rash and negligent driving by a Jeep owned by the respondent - Sumesh Chawla and the Insurance Company was liable for payment of compensation.;