GOVERDHAN BARDHAR,J. - (1.) Instant misc. appeal has been filed under Section 173 of Motor Vehicles Act, 1988 by the Insurance Company against the award dated 5.1.2008 passed by learned Motor Accident Claims Tribunal, Udaipur whereby, the learned Tribunal has awarded compensation in the sum of Rs. 12,56,000/- to the claimant respondents.
(2.) Succinctly stated, facts of the case are that a claim petition was filed by the respondent No. 1 to 6 before the Motor Accident Claims Tribunal, Udaipur stating therein that on 29.3.2006 at 4.30 PM, the driver of Truck No. GJ 18U 7001 driving rash and negligently hit the motorcycle driven by Shankar Lal Patel. In the said accident, Shankar Lal died due to the injuries sustained by him. The claimant No. 1 is the wife, claimants No. 2 to 4 are sons and daughter and claimants No. 5 and 6 are parents of the deceased. As per claim petition, the deceased was 30 years old and was earning Rs. 11,500/- per month, therefore, it was prayed that a sum of Rs. 71,50,000/- may be awarded in favour of the claimants.
(3.) Learned Tribunal after taking into consideration the entire facts of the case and taking the monthly income of the deceased as Rs. 9000/- awarded compensation in the sum of Rs. 12,56,000/- to the claimants and the Insurance Company, owner end driver were held liable jointly and severally.;