- (1.) This appeal is directed against the judgment and award dated 27.10.1999 passed by Motor Accident Claims Tribunal, Phalodi (for short 'the Tribunal' hereinafter) in Claim Case No.40/1998, whereby the learned Tribunal has awarded compensation of Rs.4,28,000/- to the respondentclaimants for the death of one Jethmal in an accident took place on 20.11.1997 on Phalodi Dechu Road, involving a Jeep bearing No.RJ-19-C-4412, insured with the appellant-insurance company.
(2.) The learned counsel for the appellant has argued that the accident took place between the Jeep No.RJ-19-C-4412 and a motorcycle No.RRF-352. The motorcycle was being driven by Jethmal (deceased) and the same was collided with the jeep, resulting in his death, whereas Hari Singh, driver of the jeep and Govind Ram, passenger of the jeep, sustained injuries.
(3.) It has been argued by the learned counsel for the appellant that in two separate claim petitions, one preferred by Hari Singh and another by Govind Singh, the learned Tribunal had given finding that the accident took place on account of rash and negligent driving of deceased-Jethmal, however, the Tribunal has now given a finding that the accident took place on account of rash and negligent driving of the driver of the jeep. The learned counsel for the appellant has contended that once the learned Tribunal has given a finding that the accident, in which Jethmal died, and Hari Singh and Govind Ram sustained injuries, took place on account of negligence of deceased-Jethmal, now the learned Tribunal has given the finding to the effect that the accident took place on account of negligence of the jeep driver, insured with the appellant-insurance company, therefore, the learned counsel for the appellant has prayed that the impugned judgment and award may be set aside.;