- (1.) THESE appeals are directed against the judgment and award dated 29.07.2013 passed by the Motor Accident Claims Tribunal, Bhilwara ('the Tribunal'), whereby, for the accident, which occurred on 10.03.2008 involving Bus RJ -06P -1931, the respondent -claimants have been awarded various sums.
(2.) THE facts in brief may be noticed thus: the claimants and/or other persons were travelling as part of a marriage party in Bus No.RJ -06P -1931, when at around 4:30 AM on account of rash and negligent driving of driver of the bus, the same turned turtle, resulting in death of Ladu Lal and Smt. Sangari and Smt. Santoki alias Santoshi, Bardu and Bhagwati Lal suffered simple and grievous injuries; applications for compensation ('the applications') were filed by the legal representatives of deceased Ladu Lal and Smt. Sangari and the persons injured in the said accident; reply to the applications was only filed by non -claimant No.3 - appellant Insurance Company, as the matter proceeded ex parte against driver and owner of the bus; the Insurance Company raised several issues including the fact that the accident occurred on account of mechanical failure; the driver was not in possession of valid driving licence and there was no valid permit for plying the bus. The Tribunal framed four issues and came to the conclusion that the accident occurred on account of rash and negligent driving by the driver of the bus, which resulted in the death of/injury to the passengers. While dealing with the issue relating to liability of the Insurance Company, the Tribunal came to the conclusion that the owner was in possession of valid permit for the route Bhilwara to Amli and on account of the fact that the witness produced by the appellant Insurance Company was not able to indicate whether the place of accident fell within the said permit area, came to the conclusion that it cannot be said that the bus was plying at any place other than the permitted route. No evidence was produced regarding absence of valid and effective driving licence by the appellant Insurance Company.
(3.) FURTHER , considering the evidence available on record, the Tribunal determined the amount of compensation based on the evidence available on record and awarded various sums to the legal representatives of the deceased and the injured passengers/claimants.;