PEPA DEVI Vs. ORIENTAL INSURANCE COMPANY LTD
LAWS(RAJ)-2005-3-59
HIGH COURT OF RAJASTHAN
Decided on March 30,2005

Pepa Devi Appellant
VERSUS
ORIENTAL INSURANCE COMPANY LTD Respondents

JUDGEMENT

J.R.GOYAL, J. - (1.) INSTANT appeal has been preferred by the widow, father, mother, grand -father, grand -mother and two minor sons of the deceased Maluram for the enhancement of compensation awarded by the Motor Accident Claims Tribunal, Jaipur City vide judgment dated 9.8.1994 in Claim Petition No. 879/ 1991.
(2.) BRIEF facts of the case are that on 7.6.1991 at about 8.30 a.m. deceased Maluram was going by his motorcycle No. RSG 5650 with Ramu sitting behind him. When they reached at Balabala, suddenly a truck No. RNG 3377 with high speed came from the opposite side in an uncontrollable position. Maluram having seen drove his motorcycle towards kaccha and stopped his motorcycle but the driver of the truck could not control his truck and coming on the wrong side hit the motorcycle, as a result of which both the persons sitting on the motorcycle died on the spot. The Motor Accident Claims Tribunal awarded a sum of Rs. 1,20,000/ - as compensation with interest @ 12% per annum from the date of filing the claim petition i.e., 17.6.1991 with the stipulation that if the awarded amount is not paid within a period of two months then interest would be payable @ 15% per annum.
(3.) AGGRIEVED by the award on the ground of inadequacy this appeal has been filed by the appellants.;


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