A.C. Goyal, J. - (1.) This appeal by the National Insurance Company has been preferred against the Award dated 21.10.2000 passed by Motor Accidents Claims Tribunal, Jhunjhunu, in Claim Petition No. 303/99.
(2.) Briefly narrated the facts are that the wife, mother and three minor sons of deceased Jootha Ram filed a claim petition on 19.1.1998, before the Motor Accidents Claims Tribunal, Jaipur, but the same was returned to the claimants on 28.7.1999, to be presented in the Tribunal having jurisdiction and thus this claim petition was filed on 30.9.1999 in the Tribunal at Jhunjhunu.
(3.) It is the case of the claimants-respondents Nos. 1 to 5 that at about 10 p.m. on 6.8.1997, Shri Jootha Ram was returning to his house. At that time Shri Shravn Kumar who was driving Truck No. RRC 5598 rashly and negligently hit Jootha Ram, who died on the spot. Compensation of 1 Rs. 42,69,000/- was claimed. Non-applicant-respondents Nos. 6 and 7 respectively driver and owner of the truck in their joint reply admitted the facts of accident by this truck but denied any negligence on the part of the driver. The appellant insurance Company in reply denied its liability.;