- (1.) Oriental Insurance Company Ltd. (in short insurance company) has filed these two appeals ( S.B.Civil Misc. Appeal No. 340 and 341 of 2012)under section 173 of the Motor Vehicles Act against the award dated 23.11.2011 passed by Judge, Motor Motor Accident Claims Tribunal, Jaipur City Jaipur ( in short MACT) in Claim Cases Nos. 566/1999 and 567/1999 whereby the claim petitions filed by the claimants was allowed and they were awarded compensation in the amount of Rs.5,10,000 and 2,25,000/- respectively. It will be proper for this Court to decide these appeals by this common order.
(2.) The facts have been set out in the impugned award and hence I am not repeating the same here except wherever necessary.
(3.) Brief facts of the case are that on 28.1.1998 at about 11.30 p.m. Kumari Sunita alongwith Harli Devi were returning back after attending some function, while they were crossing the road at Jalmahal were hit by Maruti Van No. RJ 14 1 C 8053. In the accident Kumari Sunita and Harli Devi sustained serious injuries and died. It was stated in the claim petitions that Maruti Van was being driven rashly and negligently by defendant No.1. The claim petitions were filed by the claimants under section 166 of the Motor Vehicles Act against, owner, driver and insurance company of Maruti Van. The defendant No.1 did not appear despite service, hence exparte proceedings were initiated against him vide order dated 13.7.1999. The defendant No.2 did not submit its reply, therefore his defence was strike out. The appellant insurance company submitted its reply stating therein that FIR of accident suggests that no accident took place with the alleged vehicle, involvement of insured vehicle was denied. It was further pleadd that driver was not having valid driving license to drive the vehicle. Liability of payment of compensation was denied. The MACT after recording the evidence of parties has decided the claim petitions by award dated 16.10.1999 whereby claim petitions were dismissed and it was held that claimants were failed to prove accident with the van. The award dated 16.10.1999 was challenged before this court by claimants in S.B.Civil Misc. Appeal No. 80/2000. This court vide order dated 15.3.2011 remanded the matter for fresh adjudication in the light of the judgment Rajasthan NIC vs. Rukmani Devi,2005 RAR 260 and judgment dated 18.2.2011 passed in SLP(C) No. 11974/2008 Ravi Vs. Badrinarayan and ors. The Claim petitions were decided as mentioned above awarding the compensation to the claimants.;