- (1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 ('the Act') has been filed by the appellant ­ Insurance Company aggrieved against the judgment and award dated 1.3.2012 passed by the Motor Accident Claims Tribunal, Didwana ('the Tribunal'), whereby the Tribunal has awarded a sum of Rs.19,87,440/- to the claimants alongwith interest @ 9% p.a. from the date of application.
(2.) THE facts in brief are that on 28.9.2010 at about 1:15 p.m. one Teja Ram was driving Bus No.RJ-21-PA-0706 from Deedwana to Delhi, when the bus reached near Marudhar Hotel, the way was obstructed by Tractor No.RJ-21-4R-0362, when Teja Ram got down from the bus and requested the driver of the tractor to take the tractor on one side of the road, when the tractor hit him, which resulted in his sustaining severe injuries and on way to hospital, he succumbed to the said injuries. The claimants four in number i.e. father, wife and two children filed application for compensation seeking compensation to the tune of Rs.41,53,284/-. It was claimed that the deceased was aged 35 years and was serving as driver with the Rajasthan State Road Transport Corporation ('the Corporation') on monthly salary of Rs.12,430/-. The owner and driver of the tractor filed joint reply to the application and disputed the averments made therein. However, it was submitted that the tractor was insured with the appellant­ Insurance Company and, therefore, it was liable to make payment of the compensation, if any. The appellant-Insurance Company disputed its liability on the plea that the driver of the tractor was not in possession of valid and effective driving licence and policy conditions were violated.
(3.) THE Tribunal framed as many as three issues. During evidence Omi Devi AW-1, Dhanna Ram AW-2 and Bhanwar Lal AW-3 were examined on behalf of the claimants and several documents were exhibited. On behalf of the non-claimants, despite sufficient opportunity, no evidence was produced.;