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2022 Supreme(Raj) 2590

BIRENDRA KUMAR
Bharosi Bai – Appellant
Versus
Radhey Shyam – Respondent


Advocates appeared:
Barkha Jain for Rohit Khandelwal, Advocate, for the Appellant
N.L. Verma and Hemraj Rodiya, Advocates, for the Respondents

JUDGMENT

Birendra Kumar, J. - The appellants are not satisfied with the quantum of compensation decided by the Motor Accident Claims Tribunal No. 1, Bundi in Motor Accident Claim No. 673/2014 by award dated 7.2.2019, hence this appeal under Section 173 of the Motor Vehicles Act.

2. The claimants had claimed Rs. 71,90,000/- for death of Tejpal, aged about 29 years, the husband of claimant No. 1 and father of claimant Nos. 2 and 3 as well as son of claimant Nos. 4 and 5. The learned Tribunal awarded Rs. 6,84,000/- along with interest @ 7.5% from the date of institution of the claim case.

The case and claim of the claimants is that on 12.7.2014 a tractor bearing Registration RJ-26-RA-2470 was parked on the mid of the road without any light or indicator of its identification. Tejpal was coming on a motor-cycle and hit the tractor leading to his death, during the course of treatment. At the time of death Tejpal was engaged in agriculture work as well as dairy farming and was earning Rs. 10,000/- per month.

3. The claimant examined two witnesses AW/1 Bharosi Bai, wife of the deceased. She has deposed about the age and income of the deceased and the source of income. The witness has not been

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