Manak Mohta, J. - (1.) HEARD learned Counsel for the parties and perused the judgment and Award dt. 09.11.2005 passed by the learned Motor Accident Claims Tribunal, Dungarpur, by which, the claim petition filed by the claimant -appellants was partly allowed while awarding Rs. 86,000/ - as compensation plus interest @ 7 1/2 % per annum from the date of filing the claim application in favour of the claimant -appellants and against all the non -claimant -respondents.
(2.) FROM perusal of the record, it reveals that on 10.08.1999, there was a 'Traffic Jam' on National Highway No. 8 on Ratanpur -Bichhiwara route, therefore, number of trucks including the concerned truck bearing No. HRA/0756 also remained stayed on the road. The Khalasi of the said truck Imran @ Umran was taking rest and out of general practice with the prior knowledge of the driver of the said Truck, he slept under the truck. It further reveals that later on, when the traffic jam was opened, the driver of the truck Hameed (non -claimant -respondent No. 1) started the truck without taking due care of the fact that the deceased khalasi Imran was sleeping under the truck, he rashly and negligently drove the truck resulting in crushing the khalasi Imran, as a result of that accident, he died on the spot. It is revealed from the record that the driver ran away from the site after committing accident. An FIR of this incident was lodged by PW 2 Narsi at P.S. Bichhiwara against the driver of the said truck Hameed. It is also revealed that after investigation, the police filed challan against the driver of the truck for rash and negligent driving of the truck and causing death of Imran. It is also stated in the claim petition that at the time of incident, Imran was of 19 years' old and he was getting Rs. 3300/ - per month as salary and allowances from the owner of the truck. In addition to that, he also used to do agriculture work with his father and in that way, it was stated that he was assisting his father in earnings. It is stated that due to untimely demise of Imran in accident, the old parents and other dependents on the income of Imran had suffered a monetary loss. For that, they filed a petition for awarding compensation to the tune of Rs. 18,65,000/ - in the Court of M.A.C.T. Dungarpur. Notices of the claim petition were issued to the non -claimantrespondents. Despite service of notices, non -claimants No. 1 and 2 did not file reply whereas non -claimant No. 3 has filed reply to the claim petition and denied the liability for paying any compensation. Further it was submitted in the reply that accident occurred due to his own negligence, therefore, they are not responsible for any compensation. The learned Tribunal, after framing the necessary issues and after giving opportunities to the parties to prove their contentions, decided the claim petition after hearing both the parties. The learned Tribunal has held that accident occurred due to sole negligence of the driver of the said offending truck. The learned Tribunal also found that the truck was owned by Pawan Kumar (non -claimant -respondent No. 2) and at the relevant time, it was insured with National Insurance Company Limited (non -claimantrespondent No. 3). From the claimant -appellants' side, it was stated before the learned Tribunal that the deceased was earning Rs. 3300/ - per month but the learned Tribunal found that income of the deceased has not been proved, therefore, the learned Tribunal has assessed monthly income of the deceased Rs. 2000/ - per month and on that basis, the learned Tribunal has further assessed dependency loss of Rs. 500/ - per month to the claimant -appellants and on that basis, considering the age of the claimant -appellants applying the multiplier of 11, assessed loss of dependency Rs. 66,000/ -. Further the learned Tribunal has awarded Rs. 20,000/ - as loss of son and for further expenses, thus, total compensation of Rs. 86,000/ - has been awarded plus interest as sated above.
(3.) FEELING aggrieved by the said awarded compensation, the claimantappellants have filed the present appeal before this Court.;