- (1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 ('the Act') has been filed by the appellant-insurance company aggrieved by the judgment and award dated 21.1.2013 passed by the Motor Accident Claims Tribunal, Balotra ('the Tribunal'), whereby the respondent No.1- Sumerram (claimant) has been awarded a sum of Rs.5,51,130/- as compensation alongwith interest @ 6% p.a. from the date of filing of the claim application.
(2.) THE brief facts of the case are that the respondent No.1- claimant was travelling from Dhawa to Doli on 2.8.2011 post mid-night at about 2:00 a.m. alongwith one Kanhaiyalal on a motor-cycle, when a truck No.RJ-19-GA-8528 came from the opposite direction and was allegedly being driven rashly and negligently by respondent No.2 Oma Ram, collided with the motor-cycle, which resulted in serious injuries to the occupants of the motor-cycle. The right leg of claimant Sumerram was amputated from under his knee during the course of treatment. An application seeking compensation to the tune of Rs.45,90,000/- was filed by the claimant before the Tribunal.
(3.) A reply was filed by the owner and driver of the vehicle denying the averments contained in the said application. A reply was also filed by the appellant-insurance company separately denying contents of the application for compensation besides denying the fact of accident, taking standard objections like absence of driving licence with the driver of the truck and driving the same without valid valid permit and fitness. The Tribunal framed three issues. The claimant was examined as AW-1 and he exhibited 63 documents. No evidence was led by the driver, owner and insurer.;