- (1.) The instant Misc. appeal has been preferred by the appellant New India Assurance Company Limited against the judgment and award dt. 16.9.2004 passed by the learned Motor Accident Claims Tribunal, Nagaur in MAC. Case No. 6/2003 whereby compensation to the tune of Rs. 11,22,000/- was awarded to the respondents claimants upon the death of Sangram Ram along with interest @ 5%. The appellant Insurance Company has approached this Court seeking reduction in the quantum of compensation awarded to the respondents.
(2.) Facts in brief: The respondent Sangram Ram was proceeding on a motor cycle No. RJ 21-535 on 20.11.2002 at about 6.30 P.M. between Bhadana and Amarpura. A tractor No. RJ 10 R. 1855 being driven in a rash and negligent fashion by its driver Dhanna Ram collided with the motor cycle causing the death of Sangram Ram at the spot.
(3.) The respondents No. 1, 2 and 3 being the legal representatives/dependents of Sangram Ram filed a claim application u/S. 166 of the Motor Vehicles Act praying for total compensation of Rs. 26,77,774/-. It was averred in the claim application that Sangram Ram was aged 22 years at the time of accident. He was working as Helper in the Public Health and Engineering Department, Nagour and was drawing a salary of Rs. 4923/- per month. The claimants averred that they suffered total loss of income because of the death of Sangram Ram and accordingly the claim was filed seeking compensation under the head of loss of income and under various other heads.;