- (1.) THIS appeal is directed against the judgment and award dated 05.09.2003 passed by Motor Accident Claims Tribunal, Sirohi ('the Tribunal'), whereby, for the death of one Rugnath Singh, the Tribunal has awarded a sum of Rs.2,72,000/ - as compensation alongwith interest @ 6% per annum from the date of filing application for compensation ('the application') i.e. 18.12.1998.
(2.) THE facts in brief may be noticed thus: the deceased alonwith Leelaram, Vagaram, Bhimaram, Ganeshram, Nagaram and Chhagan alongwith one Obaram was travelling in the Jeep bearing Registration No.RJ -24 -T -72 on 26.08.1998 from Shivganj to Sirohi, when at about about 09.00 PM, a Truck bearing Registration No.RRN -5055, which was being driven by Som Singh struck the Jeep from behind, which resulted in the Jeep turning turtle and it fell into a ditch, which resulted in all the passengers therein receiving simple and grievous injuries to which ultimately Rugnath Singh and Obaram succumbed. The application seeking compensation was filed by the appellant ­ wife Prakash Kunwar alongwith three minor children aged 1 to 3 years and parents of the deceased Rugnath Singh. It was, inter alia, claimed that the deceased was aged 32 years and was M.Com., B.Ed. and was serving with Sirohi Polytex as an Accountant and was getting a salary of Rs. 4,500/ - per month and claimed compensation to the tune of Rs.43,16,000/ - A reply to the application was filed by the respondent Nos.2 and 3 and the liability was denied. Reply was also filed by the Insurer of the Truck and the liability was again denied. During the pendency of the claim petition, the Insurer of the Truck compromised with the claimants on payment of a sum of Rs.1,00,000/ - through 'Lok Adalat'.
(3.) THE Tribunal framed six issued and after evidence was led by the claimants, it came to the conclusion that the accident occurred on account of rash and negligent driving by driver of the Jeep, which resulted in the accident and, consequent injury to the occupants and death of Rugnath Singh and Obaram.;