THE NEW INDIA ASSURANCE CO. LTD. Vs. SMT. KAMLA AND ORS.
LAWS(RAJ)-2016-7-216
HIGH COURT OF RAJASTHAN
Decided on July 28,2016

THE NEW INDIA ASSURANCE CO. LTD. Appellant
VERSUS
Smt. Kamla and Ors. Respondents

JUDGEMENT

Arun Bhansali, J. - (1.) This appeal is directed against the judgment and award dated 13/4/2016 passed by Motor Accident Claims Tribunal, Pali, whereby, the Tribunal has awarded a sum of Rs. 18,78,860/- as compensation to the respondent nos. 1 to 8 along with interest @ 9% p.a. from the date of filing application for compensation i.e. 5/5/2014.
(2.) The facts in brief will be noticed thus : an application was filed by the claimants, who are wife, children and mother of the deceased Bhanwar Lal, inter alia with the averments that on 23/2/2014 deceased was travelling in Mini Bus No. RJ-19-PA- 7378 as a part of marriage party, while returning back from marriage, the Bus was being driven rashly and negligently by the driver, which resulted in the Bus turning turtle, wherein, Bhanwar Lal suffered injuries and succumbed to them. It was claimed that the deceased was aged 42 years and was working with Maharaja Shri Umaid Mills Ltd., Pali, wherein, he was getting Rs. 6601.57 p.m. as salary, after working at the said Mill he used to do other work and earn Rs. 3,000/- p.m. and in this manner he used to earn a total of Rs. 9,600/- p.m. For the death of said Bhanwar Lal, a claim of Rs. 65,45,600/- was made. The application was resisted by the non-claimants, driver, owner & Insurance Company.
(3.) Based on the averments of the parties, the Tribunal framed four issues. On behalf of claimants, A.W.1-Smt. Kamla, A.W.2- Ramesh were examined and 19 documents were exhibited including Pay Slip of deceased Bhanwar Lal as Ex.18.;


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