SMT. PINKY & ORS. Vs. ASAMDEEN & ORS.

JUDGEMENT

(1.) Instant appeal is directed against the order dated 15/01/2014 passed by the Motor Accident Claims Tribunal, Alwar in Claim Case No.155/2011 whereby the claim petition filed by the claimant-appellant was partly allowed.

(2.) The brief facts of the case noticed are that on 04/01/2011 at about 4.30-5.00 p.m. one Mohan Singh and Pappi were coming to Alwar from Rewari on Motor Cycle bearing No. RJ-02-10M-7619 and the brother of deceased, namely Narendra Singh and Rajesh were on another Motor Cycle, when they reached near Jajor Bas and Kithoor, a Jeep (Bolero) bearing No. RJ-32UA-1975 being driven on wrong side in high speed, in a rash and negligent manner by respondent No.1 Aasamdeen, hit the Motor Cycle of Mohan Singh, on account of which Mohan Singh died on the spot and Pappi sustained severe and grievous injuries. FIR No.10/11 was registered at the Police Station Sadar, Alwar and after investigation the Investigating Agency filed charge sheet against the respondent No.1-driver. Claim to the extent of Rs. 1,65,20,000/- was filed by the claimant-appellants. After analysing the material available on record and evidence led, learned Tribunal awarded Rs. 9,90,000/- to the claimants, which is assailed herein.

(3.) Ld. counsel for the appellant limited his arguments to the effect that: