P.K.LOHRA,J. - (1.) The instant appeal under section 173 of the Motor Vehicles Act, 1988 (for short, 'Act of 1988') is filed by the State of Rajasthan and its officer against ex-parte judgment and award dated 29th of November 2007, passed by Addl. District and Sessions Judge, Fast Track No.4 (MACT Cases), Jodhpur (for short 'learned Tribunal') in Motor Accident Claim Case No.119/2005.
(2.) E. converso, respondent-claimants have filed cross-objections under Order 41, Rule 22 CPC read with Section 173 of the Act of 1988 questioning findings on Issue No.3 in the impugned judgment and award with a prayer for adequate enhancement of the compensation amount.
(3.) Succinctly stated, the facts of the case are that respondent-claimants filed a claim petition against State of Rajasthan and its Officer stating, inter-alia, therein that Dr. Madhusudan Bhatnagar, Joint Director, Medical and Health Department (husband of respondent-claimant No.1 and father of respondent-claimant No.2) in discharge of his official duty boarded Govt. Jeep No.RJ-14-2C- 2319 for proceeding from Jaipur to Jaisalmer. The claim petition further unfurled that when jeep crossed Ajmer enroute to Beawar, its driver drove it rashly and negligently and collided with truck bearing No.GJ-9V-1050. The claim petition also contained specific allegation that driver of the jeep lost its control on the vehicle and therefore due to accident he suffered grave and serious injuries and succumbed to the injuries on the spot. The respondent-claimants also pleaded in the claim petition that due to accident Dr. Madhusudan Bhatnagar also suffered fatal injuries and taken to hospital for treatment but he too took his last breath during treatment. Besides attributing negligence on the part of driver of the jeep, respondent-claimants also castigated driver of the truck for rash and negligent driving for causing accident. The respondent-claimants quantified total amount of compensation to the tune of Rs. 26,41,000 under different heads including nonconventional damages.;