- (1.) The present appeal has been filed by the appellants-claimants under Section 173 of Motor Vehicles Act, 1988 (hereinafter referred as the "said Act") challenging the award dated 19,2.2002 passed by the Motor Accident Claims Tribunal, Ajmer (hereinafter referred to as the "the Tribunal") in MACT Case No.865 of 1999 (182 of 1998), whereby the Tribunal has dismissed the claim petition of the claimants.
(2.) In the instant case, the deceased Shri Agrej Singh happened to be the son of appellant no.1 and father of appellant no.2. He died in the accident which took place when he was driving the Truck bearing No. HR-37-4935 on 28.6.1997, and when the said truck turned turtle. The Tribunal after appreciating the evidence on record dismissed the claim petition on the ground that the deceased himself was negligent in driving the truck, of which he was also the owner.
(3.) It has been sought to be submitted by learned counsel Mr.Reasham Bhargav for the appellants that when the claim petition was filed by the claimants under section 166 of the said Act, the Tribunal should have awarded compensation on the basis of structured formula under section 163(A) of the said Act even though the deceased was found to be negligent in driving the offending vehicle. According to him, the Tribunal had committed an error in appreciating the evidence on record and in dismissing the claim petition. However, learned counsel Mr. Kartar Singh Gurjar appearing for the respondent no.2-insurance company supporting the award made by the Tribunal submitted that the deceased himself being negligent in driving the offending vehicle, the Tribunal has rightly dismissed the claim petition.;