- (1.) Against the judgment and award dated 20.07.1999 passed by Motor Accident Claims Tribunal, Rajsamand (for short 'the Tribunal' hereinafter) in Claim Case No.438/1998, (Old Case No.267/1994), the appellant- Insurance Company has preferred this present appeal and the respondent Nos. 1 to 3 have filed the cross-objection No.33/2003.
(2.) The present appeal and the cross-objection, both have been heard together and are being decided by this common judgment.
(3.) Brief facts of the case are that respondent Nos. 1 and 3 had preferred a claim petition before the learned Tribunal, while alleging that on 01.07.1994, deceased Hari Ram was standing near village Tadawara in order to get his own truck bearing No.RNG-1809 repaired, at that time, a truck bearing No.RJ02-G- 1167, which was being driven rashly and negligently by its driver - respondent No.4 (in Appeal No.803/1999) became out of control and turned turtle and Hari Ram was crushed under the truck, as a result of which, he died on the spot. It is alleged in the claim petition that the accident occurred due to rash and negligent driving by the driver of the truck No. No.RJ02- G-1167 and a compensation of L 32,13,000/- was claimed. In the claim petition, the driver, owner of the truck No.RJ02- G-1167 and the Insurance Company, where the truck was insured, were made parties.;