Arun Bhansali, J. - (1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant Insurance Company aggrieved against the judgment and award dated 20.3.2012 passed by the Motor Accident Claims Tribunal, Bhadra District Hanumangarh, whereby, the Tribunal for the death of one Rajendra has awarded a sum of Rs. 3,34,000/- as compensation along with interest @ 9% p.a. from the date of application.
(2.) The application for compensation was filed by Smt. Magi Devi and Subhash, mother and brother of deceased Rajendra claiming a sum of Rs. 39,83,000/- inter alia with the averments that on 2.11.2008 Rajendra went in Tata 407 for bringing (fodder) to village Kharkadi, Haryana and from there he along with Duni Ram, owner of the vehicle, after loading the fodder started from Haryana, the vehicle was being driven by Devi Singh, the entire vehicle was filled with fodder and for ensuring that the fodder does not fly away on account of speedy winds the driver required the deceased Rajendra to sit on the fodder. The vehicle was being plied on Jhansal-Chanabadi road when the same was being driven rashly and negligently by the driver and the vehicle left the road resulting in a branch of a tree on the road side striking Rajendra on the head, which resulted in serious injuries to Rajendra; he was taken to hospital at Bhadra where he succumbed to the injuries.
(3.) It was claimed that the accident occurred on account of rash and negligent driving by the driver; the deceased was aged 25 years.and used to earn Rs. 8000/- per month from agricultural operation at his 23 Bigha agriculture land. The claimants, mother and minor brother, were dependents on the deceased and based on the said averments compensation, as noticed hereinbefore, was claimed.;