- (1.) G.R. Moolchandani, J. - This appeal has been directed against the award dated 9.12.1998 passed by Judge, Motor Accident Claims Tribunal, Barmer in Civil Misc. Case No. 114/1997. The Tribunal has awarded a compensation of L 80,000/- with interest at the rate of 12% per annum in favour of the appellants.
(2.) Feeling aggrieved with the assessment of compensation and findings of the Tribunal, the appellants have come up through this appeal under Section 173 of Motor Vehicles Act seeking enhancement.
(3.) Brief facts relating to the fateful accident indicates that in the intervening night of 15.2.1997 and 16.2.1997, deceased Girdhari Ram was driving Nishan truck No. RJ-19G-8474 from Bucchkalla to Jodhpur Mandi and near village Dangiyawas a lift truck No. RJ-19G-5167 came from opposite direction rashly and negligently and dashed with Nishan truck, resultantly Nishan truck was completely damaged and the occupants including its driver Girdhari Ram sustained injuries, who was rushed to the hospital, where he succumbed to injuries and a F.I.R. No. 29/1997 dated 16.2.1997 under Sections 279 and 337 of I.P.C. was lodged against the lift-truck driver Bhanwar Lal and after the demise of the injured Girdhari Ram charge-sheet No. 15 dated 27.2.1997 under Sections 279, 337 and 304A I.P.C. was filed against Bhanwar Lal S/o Neta Ram, driver of the offending truck RJ-19G-5167. The learned Tribunal decided equal contributory negligence of both drivers without any evidence to this effect but only on the basis of self conclusions drawn by dint of spot map and thus, deducted 50% of the award and passed award of? 80,000/- with interest at the rate of 12% per annum, which has been assailed by the appellants through the appeal under hand.;