Order

19/01/2024

1. The present appeal under Section 173, Motor Vehicles Act, 1988 (for short ‘the Act of 1988’) has been preferred by non- claimants–appellants against the judgment/award dated 20.01.2020 passed by the Motor Accident Claims Tribunal No.1, Udaipur in Motor Accident Claim Case No.414/2018 whereby the claim petition as preferred by the claimants-respondents under Section 166 of the Act of 1988 has been partly allowed and an award for an amount of Rs.7,74,304/- with interest @7% per annum from the date of application has been passed in favour of the claimants.

2. The case of the claimants (father and mother of deceased Mohanlal) is that their son used to sell domestic utensils on hand drawn cart. On 13.01.2018, Mohanlal, while going towards Varai Mata temple from his house, was standing on the roadside when a bus of appellant No.1-Rajasthan State Road Transport Corporation bearing registration No.RJ43-PA-0072 driven by appellant No.2, rashly and negligently, came from Sabala side and hit him, as a result of which, he fell on the road and succumbed to the injuries.

3. The learned Tribunal, after framing the issues, evaluating the evidence available on the record and after