Gopal Krishan Vyas, J. - (1.) Instant miscellaneous appeal has been filed under Sec. 173, Motor Vehicles Act, 1988 by appellant United India Insurance Company Ltd. against judgment and award dt. 30.11.2010 passed by Addl. District Judge (Fast Track) No. 4 (MACT Cases), Jodhpur in case No. 217/ 2008, by which, the Claims Tribunal passed award for compensation of Rs.7,44,000/- along with interest at the rate of 7.5 per cent from the date of filing claim petition which is 28.01.2006. Learned tribunal further passed order for allocation of the amount of the claimants.
(2.) As per facts of the case, on 16.03.2005, at about 7 P.M., deceased Oma Ram & Om Prakash was going on motor cycle bearing No.RJ-19/12M/7747 to Manawas for attending some function. He was sitting on the pillion and Narayan Ram was driving the said motor-cycle. When they reached Dhundhara railway-crossing, the motor-cycle hit an electric pole, due to which, Oma Ram's head dashed against the pole resulting in head injury and he died. The motor-cycle upon which the deceased was riding along with its driver Narayan Ram was insured with the appellant Insurance Company in the name of Om Packers Ge-21-22, RICCO Industries Area, Boranada for the period from 31.12.2004 to 30.12.2005 under package policy after investigation, the police filed challan against Narayan and respondents filed claim petition under Sec. 166, read with Section 140 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal, Jodhpur.
(3.) The Tribunal issued notice to the insurance company and other respondents and, in pursuance of that, the insurance company filed reply and, so also, filed an application under Sec. 170 of the Motor Vehicles Act and said application was allowed by the Tribunal. Thereafter, four issues were framed and, in pursuance of the claim, statements of A.W.-l Lekhram was recorded and 17 documents were exhibited from the side of the claimants but no documentary or oral evidence was filed by the appellant as well as other respondents.;