BIMLA W/O. LATE JAGDISH Vs. INDRA SINGH S/O. BHOOP SINGH
LAWS(RAJ)-2017-2-195
HIGH COURT OF RAJASTHAN
Decided on February 07,2017

Bimla W/O. Late Jagdish Appellant
VERSUS
Indra Singh S/O. Bhoop Singh Respondents

JUDGEMENT

ARUN BHANSALI,J. - (1.) These appeals have been filed by the appellants aggrieved against the judgment and award dated 01.12.1998 passed by the Motor Accident Claims Tribunal, Nohar, District - Hanumangarh ('the Tribunal'), whereby the Tribunal has awarded a sum of Rs.1,39,500/- to the claimants and has directed that out of Rs.50,000/- towards damage to the Jeep, the Insurance Company would be liable to pay a sum of Rs.6,000/- only and rest of the amount shall be paid by the appellants - Krishna (owner).
(2.) While S.B. Civil Misc. Appeal No.163/1999 has been filed by the claimants seeking enhancement of amount of compensation, S.B. Civil Misc. Appeal No.59/1999 has been filed by the owner and driver of the offending vehicle aggrieved against restricting the liability of the Insurance Company qua the damage to the vehicle to the extent of Rs.2,000/- only and the quantum of compensation towards the damage to the vehicle.
(3.) The application for compensation was filed by the claimants Smt. Bimla and others with the averments that their husband/ father/son Jagdish, was travelling in Jeep No.DL 2 CC 4999, when the offending Truck collided with the said Jeep, resulting in grievous injuries to Jagdish, to which, he succumbed. It is claimed that Jagdish was involved in operating a Tailoring Shop and besides that, was also managing a Jeep and from the said two vocations, he was earning Rs.6,000/- per month. Based on the said averments, a compensation of Rs.50,52,000/- was claimed and a further sum of Rs.70,000/- towards damage to the Jeep was also claimed.;


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