- (1.) Appellant - ICICI Lombard General Insurance Company Limited has filed this appeal challenging the impugned judgment/award dated 29.09.2012 passed by the learned Motor Accident Claims Tribunal, Kotputali, District Jaipur (for short "the Tribunal") to quash and set aside the said impugned judgment/award.
(2.) Brief facts of the appeal are that claimants-respondents No.1 and 2 filed a claim petition on 06.08.2011 before the learned Motor Accident Claims Tribunal, Kotputali, District Jaipur. In the claim petition, they stated that deceased Babulal was driver of Trolla No. HR-47-A-4968 at the time of accident and he was on the way from Bhiwadi to Nimbaheda. About 5.00 AM near Nyara Nadi Hotel Roop-pura, he parked his vehicle and started to check tyre of the vehicle. At the spur of moment, a Container No.HR-38-R- 0977 came from Ajmer side being driven by Arsad with rash and negligently and hit the Trolla and therefore deceased Babulal came underneath the tyre of the vehicle. As a result, he succumbed to death. Upon this, an FIR No. 156/2009 was registered at Police Station Bhinai. In the claim petition, deceased Babulal was stated to be 25 years old. He was earning Rs. 11,500/- per month as a salary and apart from it, he was also an agriculturist. So, compensation of Rs.1,38,33,000/- may be awarded.
(3.) In reply, Non-claimant respondent No.4 stated that the accident was occurred due to rash and negligent of the driver itself. So, the claim petition be rejected.;