- (1.) Instant appeal has been filed under Section 173, Motor Vehicles Act, 1988 by the appellant National Insurance Company, in which, the appellant is challenging the validity of the award passed by the Motor Accident Claim Tribunal-I, jodhpur dated 18.9.2012 passed in M.A.C. Case No. 492/2009, whereby, the Claim Tribunal awarded compensation of L 2,25,000/- in favour of the claimants along with 8.5% interest with effect from 18.6.2009.
(2.) As per facts of the case, a claim petition was filed before the Motor Accident Claim Tribunal- l, jodhpur under Section 169-A contending therein that deceased Chena Ram was going on 17.4.2009 from Kosana to Atpada along with his relatives. While they stopped near Beerawas for drinking water, at the time of crossing the road, a Marshal jeep bearing No. MH-15-K-7579 which was being driven rashly and negligently by its driver Fakruddin dashed against the deceased; and, as a result of the said accident, deceased Chena Ram sustained injuries and he died during treatment in the hospital.
(3.) An F.I.R. was also lodged at Police Station Bilara, in which, after investigation challan was filed by the police against the driver of the offending vehicle for offences under Sections 279, 337 and 304A, .;