JUDGEMENT
VIJAY BISHNOI,J. -
(1.)This appeal has been preferred by the appellant - Insurance company against the judgment and award dated 26.06.2008 passed by the learned Judge, Motor Accident Claims Tribunal, Bhilwara (for short 'the Tribunal' hereinafter), whereby a compensation of 4,54,000/- has been awarded in favour of the claimants.
(2.)Brief facts, necessary for disposal of this appeal are that Santosh Kumar son of Dhanna Lal was travelling in Tata Sumo No. RJ27-1C-2254 on the National Highway No.8, where a forehead collision occurred between Tata Sumo No.RJ27-1C-2254 and Bus No.RJ-36P-0059, as a result of which, Santosh Kumar died. The claimants have preferred a claim petition against the driver and owner of the Tata Sumo Vehicle as well as the appellant-Insurance Company for awarding compensation to the tune of Rs. 31,62,000/-. On the basis of the pleadings behalf of the parties, the of the parties, the learned Tribunal framed as many as four issues. After taking into consideration the evidence produced onlearned Tribunal has decided Issue No.1 against the non-claimants and in favour of the claimants, while holding that the accident took place on account of rash and negligent driving of the driver of Tata Sumo No. RJ27-1C-2254, in which Santosh Kumar son of Dhannalal died and the learned Tribunal while deciding Issue No.2 has assessed the income of the deceased as Rs. 3500/- per month and awarded a compensation of Rs. 4,54,000/- in favour of the claimants under all heads and directed the non-claimants to pay the amount of compensation along with the interest at the rate of 6% from the date of filing of the claim petition.
(3.)Being aggrieved with the aforesaid, the appellant-Insurance Company has preferred this appeal.
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