- (1.) THE instant appeal has been preferred by the claimant-appellants against the judgment and award dated 14. 3. 1996 passed by Judge, Motor Accident Claims Tribunal, Dungarpur in Claim Case No. 108/91 whereby the learned Tribunal has awarded a sum of Rs. 1,04,750/- as compensation in favour of appellant-claimants and against respondents No. 1 to 3.
(2.) BRIEFLY stated the facts of the case are that the claimant- Smt. Nani filed two claim petitions before the Motor Accident Claims Tribunal, Dungarpur, being Claim No. 107/91 for the injuries sustained by herself and claimed a sum of Rs. 1,99,000/ -. She also filed another claim case on behalf of herself and on behalf of her five minor children, being Claim Case No. 108/91 claiming compensation of Rs. 4,65,000/- on account of untimely death of her husband-Lakshi in accident occurred between Truck No. GJ-09t/4276 and Truck No. HNH 5975 at Bichhiwara-Ratanpur Road, Dungarpur. As per the facts stated in claim petition, on 22. 4. 1991, Mst. Nani with her husband-Lakshi and some other persons were travelling in Truck No. GJ-09t-4276. The sad truck was being driven by Somalal at a high speed. At about 1:30 p. m. when they reached near Village Goaga Mod on Bichhiwara-Ratanpur road their truck collided with truck bearing No. HNH-5975, which was coming from opposite side, at a high speed and was driven by its driver rashly and negligently. As a result of which, Mst. Nani herself sustained several injuries whereas her husband-Lakshi died in the said accident. An F. I. R. was lodged with regard to the accident at police station, Bichhiwara. The claim petition was filed against the respondents-driver Soma Lal, owner-Arafat and Insurance Company of truck No. GJ-09t-4276. It was stated in the claim petition that the deceased was 45 years old. He was in service as peon in the Gram Panchayat and was earning Rs. 1500/- per month plus Rs. 500/- per month from agriculture work at the time of accident. The claimants were dependent on him. Due to accidental death, they suffered loss of income as well as loss of love and affection. Thus, under the different heads, the compensation of Rs. 4,65,000/- was claimed. A joint reply was submitted by the respondents wherein the factum of accident was admitted. It was further stated in the reply that accident occurred due to high speed and rash and negligent driving by the driver of Truck No. HNH-5975. Thus, they cannot be made responsible. It was also denied that the deceased was earning Rs. 2000/- per month and stated that exorbitant amount of compensation has been claimed. It was alleged that the claimants have not impleaded the owner, Insurance Company and driver of Truck No. HNH 5975 as parties to the claim petition as they were necessary parties. It was prayed that the claim petition may be rejected. On the basis of the pleadings of parties, following four issues were framed by the learned Tribunal :- *** From the claimant's side, Mst. Nani herself as PW 1 and PW 2 Amra were examined. During trial, the claimant produced and exhibited copy of the FIR Ex. 1, Copy of the site-plan Ex. 2, Copy of the Post-mortem Report Ex. 3, Copy of the Driving Licence of Somalal, Ex. 4, Copy of the Registration Certificate of the Vehicle Ex. 5, Copy of the Motor Acceptance Advice-cum-Receipt issued by the United Insurance Company Ex. 6, Copy of the Policy Ex. 7, Copy of the Injury Report of Mst. Nani Ex. P/8, Copy of the chargesheet Ex. 9 and Copy of the Salary Certificate Ex. 10. However, no evidence was led from the side of defence.
(3.) AFTER hearing the parties, the learned Tribunal held that the accident occurred due to rash and negligent driving of both the concerned vehicles resulting in causing injuries to Mst. Nani and death of Lakshi and decided their responsibility fifty-fifty. It was further held that as the driver, owner and Insurance Company of Truck No. HNH 5975 have not been made parties. Thus, the learned Tribunal awarded half of the compensation amount determined to the claimants. In this way, in Claim Case No. 108/91 vide common judgment and award determined Rs. 2,09,500/- as compensation but awarded half of the said amount of Rs. 1,04,750/- in favour of the claimants and directed the non- claimants No. 1 to 3 to pay or deposit the amount of Rs. 1,04,750/- as compensation plus interest @ 12% p. a. from the date 11. 9. 91. They were made jointly and severally responsible. The claimant-appellants being aggrieved by and dis- satisfied with the amount of compensation awarded by the learned Tribunal in claim Case No. 108/91 have filed the instant appeal for setting aside the judgment and award and for enhancement of the compensation amount. I have heard learned counsel for the parties and carefully perused the record of case. ;