- (1.) Heard learned Counsel for the appellants, learned Counsel for the respondents and perused the impugned judgment.
(2.) This First Appeal From Order under Section 173 of the Motor Vehicle Act has been filed by the Insurance Company against the judgment and order dated 26.8.1998 passed by the Motor Accident Claims Tribunal, Lucknow ( Ist Additional District Judge) in claim Petition No. 34 of 1997 awarding a sum of Rs. 43,48,260/- alongwith an interest @ 12% per anum from the date of petition till realization.
(3.) The adumbrated facts of the case are that on 7/8.11.1996 at about 12.35 AM in the night at National Highway No.14, Sarhad Jhuta, PS Raipur, District Pali, Rajasthan when deceased was travelling in jeep No. RJ-01/C2265, the truck no. DL-1G A-2160 which was being driven negligently hit the jeep causing the death of deceased (Manoj Kumar) and other passengers. According to the claimant, at the time of the accident, the age of the deceased was 31 years and he was working on the post of DSTE (c) in Railway Department at Ajmer district. The monthly income of the deceased at the time of accident was Rs. 8490/- per month and all the claimants were dependent upon him. Thereafter the claimants filed claim petition before the Motor Accident Claims Tribunal against the Insurance Company with which the offending vehicle was registered, the owner of truck-Jaswant Singh and the driver of truck-Gurmeet Singh. The Tribunal after serving the notice upon the insurance company, truck driver and owner of the vehicle framed relevant issues for consideration and has arrived at a conclusion that the accident occurred due to negligence on the part of the driver of the offending vehicle no. DL-!GA/2160 and thereby awarded the aforesaid amount with interest.;