- (1.) This Misc. appeal has been filed by the appellants against the award dated 14.12.2001 passed by learned Judge, Motor Accident Claims Tribunal, Kotputli District Jaipur (for short the learned Tribunal ) in claim case No. 280/1998 by which a sum of Rs. 1,06,000/- has been awarded to claimants appellants.
(2.) Brief facts as narrated in the claim petition are that on 24.4.1998 Mr. Peetambar was going by truck No. RJ-02-G-1053 from Saroond towards Tapukda. At about 5.00 AM when the truck reached near Milk Dairy, another truck No. HR-29-GA-0480 being driven rashly, negligently and with excessive speed by its driver respondent No. 1, came from Behrod side and by violating the traffic rules and by coming on the wrong side, hit the truck No. RJ-02-G- 1053. Because of the collision of both the trucks Mr. Peetambar sustained serious injuries. He was taken to hospital where he died during the course of treatment.
(3.) The respondent No. 1 the driver, respondent No. 2 owner of the truck No. HR-29-GA-0480 did not appear before the learned Tribunal, hence ex-parte proceedings were initiated against them. Respondent No. 3 the Insurance Company of this truck contested the claim petition and filed its reply.;