VYAS, J. - (1.) THIS appeal under Section 173 of the Motor Vehicles Act is directed against the Award dated March 29, 1993, passed by the Judge, Motor Accidents Claims Tribunal (Dacoity Affected Area), Bharatpur, in Motor Accidents Claims Case No. 27/91.
(2.) THE facts of the instant appeal are that claimant- respondents filed a claim petition under Section 110 (A) of the Motor Vehicles Act before the Motor Accidents Claims Tribunal, Bharatpur on 17. 10. 88. In the said claim petition, inter alia, it is alleged that the Gyan Chand died in a road accident between village Tholia and Lakhanpur, near Nursery on 14. 9. 88. Deceased Shri Gyan Chand who was Head Master in the Upper Primary School, village Mayee was going on the road from village Mayee on his cycle when at the named spot, he was hit by a Motor Cycle No. RNI 8631 which was being driven rashly, carelessly and negligently at high speed by the appellant Dayashanker. The said Gyan Chand was hit so hard that he fell down from the cycle and sustained grievous injuries on the head and in consequence of the said injuries, he died instantaneously on the spot. The said Daya Shanker while knowing that Gyan Chand had died and, therefore, he ran away, without taking care of the deceased. The report of the said incident was lodged in Police Station, Nadbai. Investigation was made and a criminal case was registered against Daya Shanker. At the time of the accident, Gyan Chand was at the age of 50 years and 6 months and was getting pay @ Rs. 2368/- per month or more. He was also have a source of earning from Agriculture and would have derived income even if he had retired on superannuation. In the claim petition filed before the MACT, damages for mental torture and agony and for deprivation of love and affection by the family members were also claimed. In all, compensation of Rs. 11, 07, 166/- was claimed. Daya Shanker submitted a reply and rebutted all the facts as averred in the claim petition and categorically denied that there was no fault on his part with regard to the accident which took place on 14. 9. 88 by Motor Cycle No. RNE 8631 and that the claim has been filed simply to embarrass him. He was in no way connected with the Motor Cycle in question. The Insurance Company is also made a party in the claim petition. In lieu of the reply, it is stated that Motor Cycle No. RNE 8631 did not stand insure with that company on the date of the alleged accident. The appellant Divisional Forest Officer, in reply to the claim petition, submitted that the Motor Cycle in question had been given to the Van Chetna Kendra, Bharatpur for Government Duty by the Divisional Forest Officer, Bharatpur and the vehicle was registered in the name of conservator of Forest, Social Forestry, Jaipur. As such that officer and not the Divisional Forest Officer, Bharatpur was owner of the vehicle. The said motor cycle was given to Daya Shanker by the Regional Forest Officer. It was also submitted that the amount of claim was very high and in any case, the claimants are not entitled to any claim and the claim petition should be dismissed on that very above ground.
(3.) THE vehicle in question which is not ensured on the date of the accident, therefore, the name of the Nation Insurance Company was ordered to be removed from the title of the claim on 4. 12. 92 in the claim petition. On the pleadings of the parties, three issues were framed by the learned Tribunal on 18. 7. 92, which read as under :- " 1. Whether Daya Shanker while driving Motor Cycle No. RNE 8631 rashly and negligently on 14. 9. 88 caused road accident on the Tohala Lakhanpur road as a result of which Shri Gyan Chand jain died ? 2. Whether the petitioners are entitled to be awarded the amount of compensation claimed by them if so to what extent and from whom? 3. Relief. " The learned Tribunal, after hearing both the parties and scanning the evidence on record and examining the documents produced by the concerned parties, arrived at the conclusion that the accident was caused by Daya Shanker through rash and negligent driving of the Motor Cycle No. RNI 8631, as a result of which, Gyan Chand died on the spot. The learned Tribunal, therefore, awarded sum of Rs. 2, 58, 566/- as a compensation to be payable jointly and severally by the State of Rajasthan and Daya Shanker. The amount of Rs. 25, 000/- which had been deposited at the initial stage of the hearing of the claim petition was allowed to be set off from the amount of compensation award. The rate of interest 12% per annum was also awarded on the amount since 17. 10. 88. The Tribunal has ordered that the entire amount of the award be paid within 30 days from the date of the award and in case of any default, in order to make the payment, higher rate of interest 15% per annum was ordered to be payable from the date of the award itself. ;