UDAI SINGH S/O CHANDRA SINGH Vs. AVATAR SINGH S/O VIJAY SINGH
LAWS(RAJ)-2019-12-8
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on December 03,2019

Udai Singh S/O Chandra Singh Appellant
VERSUS
Avatar Singh S/O Vijay Singh Respondents

JUDGEMENT

NARENDRA SINGH DHADDHA,J. - (1.) Appellants have filed this appeal challenging the award dated 2.9.2011 for enhancement passed by the learned Motor Accident Claims Tribunal, Ajmer (for short "the Tribunal") in Motor Accident Claim Case No.839/99(180/93).
(2.) Brief facts of the appeal are that the appellants filed a claim petition before the learned Tribunal on 11.10.1993 stating therein that on 17.8.1993 at about 9.00 AM, deceased Jot Singh was going in Truck No.GRS-5547 in the capacity of its Khalasi. When the truck reached Adarsh Nagar, Ajmer, Jot Singh was checking air pressure of the tyre of the vehicle in question. At that time, respondent driver negligently started the truck and deceased Jot Singh got under the tyre of the truck and as a result of it he succumbed to death. At the time of accident, the deceased was working as Khalasi with M/s Kataria Transport Service getting Rs.1,500/- per month along with daily allowances. The appellants have not been only deprived of the deceased but also from his love and affection and care and economic contribution towards family. So, the compensation of Rs.10,75,000/- be awarded
(3.) Respondents No.1 and 2 (driver and owner) had not appeared before the learned Tribunal and therefore exparte proceedings were drawn against them.;


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