- (1.) This appeal hasbeen filed by the United India Insurance Co. Ltd granting of Rs. 50,000/- as compensation to the claimant by the award dated 15.5.2010 passed by Judge, Motor Accident Claims Tribunal (Additional District Judge No.1 Bayana (Bharatpur) with interest @ 6% p.a. from the date of filing of the claim petition. It may be mentioned that by the order of this court dated July 29, 2011, eighteen appeals (S.B. Civil Misc. Appeal No. 754 of 2011 and other similar appeals) filed by the appellant United India Insurance Co. against the common award dated 15.5.2010 were rejected.
(2.) The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary.
(3.) On 2.12.1998 tanker No. GJ 12 U 6938 carrrying highly inflammable substance was going from Jaipur to Agra on National Highway No.11 and when it reached near village Aamoli, its driver drove the vehicle rashly and negligently, turned it on kacha road in such a manner that it fell in the ditch and the inflammable substance caught fire and many passers by sustained injuries and some of them died. The tanker was being driven by respondent non- claimant No.2 and was owned by respondent non-claimant No.1 and was insured with the appellant insurance company. The heirs of 15 deceased persons and 4 injured persons ( i.e. 19 in all ) filed separate claim petitions under section 166 of the Motor Vehicles Act before the Motor Accident Claims Tribunal Bayana ( Bharatpur) against the non- claimants. The non-claimants l and 2 did not appear despite service and as such were proceeded exparte. The insurance company in their reply to the claim petition stated that neither there was any nexus in between the accident and the injuries/ death caused to the victims nor there was any negligence of the driver and further, the driver was not having a valid driving license. The MACT framed six issues. 21 witnesses were produced from the side of the claimants in the connected file and 4 witnesses in file Bhagwan Singh vs. Babulal while one witness was produced from the side of the insurance company. The MACT allowed the application dated 1.11.2002 under section 170 of the Motor Vehicles Act filed by the appellant insurance company and thus it has been stated by the appellant insurance company that they have a right to file appeal on all the grounds available to the owner and the driver of the vehicle.;