H.R.Panwar, J. - (1.) This appeal and the judgment and award dated 13.5.1999 pass- cross-objection are directed against the ed by Motor Accidents Claims Tribunal, Udaipur (hereinafter referred to as 'the Tribunal'), whereby the Tribunal awarded compensation of Rs. 84,582 in favour of respondent-claimant No. 1 Dharam Singh Bhai (for short 'the claimant' hereinafter) against the appellant New India Assurance Co. Ltd. (for short 'the insurance company' hereinafter) and respondent Nos. 2 and 3 holding them liable jointly and severally.
(2.) Aggrieved by the judgment and the award impugned, the insurance company has filed the present appeal and feeling dissatisfied with the quantum of compensation assessed and awarded by the Tribunal, the claimant has filed the cross-objection seeking enhancement of compensation.
(3.) Briefly stated, facts to the extent they are relevant and necessary for the decision of the appeal and cross-objection are that on 21.10.1994, marble slabs owned by the claimant were loaded in the truck bearing registration No. RJ 27-G 1487 to be transported from Chittorgarh to Palanpur (Gujarat). The said truck was owned by respondent No. 2 Khemraj and was driven by its driver respondent No. 3 Dayalal. On the relevant date, the truck was insured with the appellant insurance company. On 21.10.94 at about 10.30 p.m. while the said truck was plying on Udaipur-Ahmedabad Road, at that time, another truck No. DLI G-A 4949 came from opposite direction. It was alleged that respondent No. 3 Dayalal was driving truck No. RJ 27-G 1487 rashly and negligently due to which it collided with truck No. DLI G-A 4949. As a result of the collision, truck No. RJ 27-G 1487 turned turtle and marble slabs loaded in the truck owned by claimant-respondent No. 1 were broken into pieces and as such, according to the claimant, he sustained loss of Rs. 94,975. A claim petition was filed by the claimant against the driver, owner and the insurance company of the truck No. RJ 27-G 1487. Before the Tribunal, the insurance company filed the written statement, however, the driver and owner of the said truck did not choose to file the written statement.;