- (1.) This misc. appeal has been filed by the appellants against the Judgment/award dated 25-11-2000 passed by learned Judge, Motor Accident Claims Tribunal, Jaipur City, Jaipur (for short 'learned Tribunal') in claim case No. 1974/1999 whereby he awarded a sum of Rs. 2,81,000/- to the claimants appellants.
(2.) Brief facts of the case are that claimant appellant filed a claim petition before the learned Tribunal in respect of compensation stating therein that on 16-6-1999 at about 4-4:30 p.m. Mr. Bhawani Sachdeo was going on his scooter No. RJ/14/24/M/6826 from Jaipur towards Bassi. He was going with moderate speed on the correct side of the road. When he reached in front of menter farm in Kanota, a Maruti Van No. RJ-14-3C-6308 being driven rashly and negligently and with excessive speed by its driver respondent No.1 came from opposite direction and in the process of overtaking, a truck came on the wrong side and hit the scooter of Bhawani Sachdeo. Because of the hit, the scooter was totally damaged and Bhawani Sachdeo sustained serious injuries. He was taken to SMS Hospital, where he remained under treatment up-to 27-6-1999 but he could not survive, and died.
(3.) Reply to the claim petition was filed. Thereafter, the statements of the witnesses were recorded. On the basis of the pleadings of parties, the learned Tribunal framed the issues.;