Phooli Devi vs Gopal Singh - 2023 Supreme(Raj) 1669

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1669

NARENDRA SINGH DHADDHA
Phooli Devi – Appellant
Versus
Gopal Singh – Respondent

Advocates appeared:
Mr. Ram Sharan Sharma, Advocate, for the Appellant; Ms. Rajni Vyas, Advocate, for the Respondent.

ORDER

1. The present appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the claimants-appellants aggrieved with the judgment and award dated 11.04.2022 passed by the Additional & District Judge No.2, Motor Accidental Claim Tribunal Shahpura, Jaipur (for short 'the Tribunal') in Claim Case No.30/2022(22/2018), whereby the tribunal has awarded a sum of Rs.9,55,300/- along with interest @ 7% per annum from the date of filing of the claim petition in favour of the claimants-appellants.

2. The Tribunal on the basis of the pleading of the parties, framed the issues and evaluated the evidence on record. After hearing counsel for the parties, decided the claim petition of the claimants-appellants and awarded the amount as indicated above.

3. Learned counsel for the claimants-appellants submits that the Tribunal has wrongly came to the conclusion that the deceased was a skilled labour and earned Rs.227 per day. Learned counsel for the claimants-appellants further submits that the evidence adduced by the claimants-appellants is that the deceased-Banshidhar Yadav was a truck driver and earned Rs. 25,000/- per month. Learned counsel for the claimants-appellants also su