Vinod Devi wife of late Shri Satish Kuamr v. Bijendra son of Shri Ratan Singh
2016-11-18
MAHESH CHANDRA SHARMA
body2016
DigiLaw.ai
JUDGMENT : Mahesh Chandra Sharma, J. Instant civil misc. appeal has been filed by the claimants appellants against the judgment and award dated 5.6.2007 passed by the learned Judge, Motor Accident Claims Tribunal (Addl. District Judge Fast Track) Behror, District Alwar whereby compensation amounting to Rs.4,25,000/- has been awarded in favour of the claimants. 2. Brief facts of the case are that the claimant/s filed a claim petition before the learned Tribunal stating therein that on 29.6.2006 at about 4:45 P.M, the deceased Satish Kumar was going on his motor-cycle No. RJ-02/6-M- 4519 to Bilwa to meet his father Bhoopsingh. When he reached at Dhobi Ghat in Batwa Khetri, a roadways bus No. RJ-22-P-1163 came from opposite direction and the driver of the said bus hit the deceased by driving the said offending bus rashly and negligently and fast speed. Due to this accident, the deceased Satish died on spot. Regarding this accident an FIR No. 206/2005 was registered at P.S. Khetri District Jhunjhunu for the offence under sections 279 and 304A IPC. Ultimately the claimants claimed compensation amounting to Rs.70,76,000/- on account of death of deceased Satish Kumar. 3. Thereafter, notices were issued. Reply to the claim petition was filed before the learned Claims Tribunal. On the basis of the pleadings of the parties, the learned Claims Tribunal framed the issues. 4. The learned Tribunal after hearing passed the impugned judgment and award. The appellant/s aggrieved with the impugned judgment and award has preferred instant appeal before this Court. 5. Counsel for the appellants has that the learned Tribunal while deciding the issue No. 2 has not appreciated the facts of the case, evidence available on record and the grounds taken in the instant civil misc. appeal. Thus, the instant civil misc. appeal be partly allowed and Rs. 2.50 lacs be enhanced in favour of the claimants in addition to the awarded amount. 6. On the other hand the learned counsel appearing for the respondent/s has opposed the aforesaid submissions and submitted that the learned Tribunal has rightly passed the impugned award and requires no interference of this Court. 7. I have heard learned counsel for the respective parties and carefully scanned the entire material made available to me. 8.
6. On the other hand the learned counsel appearing for the respondent/s has opposed the aforesaid submissions and submitted that the learned Tribunal has rightly passed the impugned award and requires no interference of this Court. 7. I have heard learned counsel for the respective parties and carefully scanned the entire material made available to me. 8. From a perusal of the impugned judgment and award passed by the learned Tribunal it is clear that the learned tribunal while deciding issue No. 2 has not considered the facts of the case, material and evidence available on record and erred in awarding a meager amount of compensation. Thus, in my view Rs. 90,000/- needs to be enhanced in favour of the claimants in addition to the awarded amount of compensation. 9. At this stage Mr. V.P. Mathur, counsel for the respondent RSRTC has requested that eight weeks time from today be granted to the RSRTC to deposit the enhanced amount of compensation. 10. The aforesaid request of Mr. Mathur seems to be genuine and accepted. 11. In the result, the instant civil misc. appeal is partly allowed. Rs. 90,000/- is enhanced as compensation in addition to the awarded amount of compensation. The respondents RSRTC is directed to deposit the enhanced amount of compensation within a period of eight weeks from today and on moving an appropriate application by the claimants, the enhanced amount as also the award amount, if already not disbursed, shall be disbursed by the learned Tribunal in favour of the claimants immediately,. Rest of the judgment and award passed by the learned tribunal shall remain as it is.