- (1.) The appellant New India Assurance Company Ltd., Pali has filed this appeal through its Divisional Manager, Divisional Officer I, Jodhpur and challenged the award dated 07.02.2011 passed by the Motor Accident Claims Tribunal I, Jodhpur in MAC Case No.71/2009 and further prayed that order dated 18.11.2010 passed by the learned Tribunal dismissing the application filed by the appellant company under Section 170 of the Motor Vehicles Act may be quashed and set aside.
(2.) As per facts of the case, deceased Raja Ram was going from village Mogra to Rohit on motor-cycle bearing registration No.RJ-22-SB-7698 on 15.11.2008 in the night at about 9.30 P.M. when the deceased was hit by vehicle RJ-22-T-0167 which was being driven rashly and negligently by its driver respondent Moti Singh and, due to the said accident, Raja Ram died.
(3.) After his death, respondent-claimants filed claim before the Motor Accident Claims Tribunal, Jodhpur. Said claim case was registered as MAC Case No.71/09. In the claim petition, it is submitted by the claimants that claimant No.1 Smt. Vidu @ Vidhya, wife of the deceased, is 34 years of age, sons Dungarchand, Kishan Lal, Nemichand and Babulal are 14, 12, 10 and 8 years old, mother Heeradevi is 70 years old and all these persons were dependent upon deceased Raja Ram.;