- (1.) AT the request of learned counsel for the parties, both the appeals are finally heard.
(2.) THESE appeals are directed against the judgment and award dated 31.07.2013 passed by Motor Accident Claims Tribunal (First), Jodhpur ('the Tribunal'), whereby, for the death of one Sayyed Istiyak Ahmed, the Tribunal has awarded a sum of Rs.5,57,088/ - as compensation alongwith interest @ 8.5% per annum from the date of filing application for compensation ('the application') i.e. 10.06.2009. While the Insurer is aggrieved against the liability imposed on itself, the claimants have sought enhancement of compensation. The facts in brief may be noticed thus: on 30.01.2009 at about 7.30 PM one Sayyed Istiyak Ahmed was walking on the road alongwith his fellow teacher Poonam Kumar, when a Hyundai Accent Car bearing Registration No.HR -18 -9432, which was being driven by one Mehrudeen collided with him resulting in grievous injuries, to which he later succumbed. The application for compensation was filed by the claimants, who are wife and son of the deceased, inter alia, with the averments that the deceased was aged 50 years and was a Teacher of English language with Subhash Public School, Sindhari, Barmer and his monthly salary was Rs.6,000/ - and claimed compensation of Rs. 64,95,000/ -.
(3.) A reply to the application was filed by the owner and driver of the vehicle, whereby, the averments contained in the application were denied and it was claimed that the vehicle was insured with the Insurance Company. The Insurance Company also filed its reply, admitted insurance of the vehicle for the period 14.09.2008 to 13.09.2009 and took a plea that as driver was not in possession of valid and effective driving licence, the application was liable to rejected qua the appellant. The Tribunal framed two issues, on behalf of the claimants, three witnesses were examined and seven documents were exhibited. On behalf of the Insurance Company Virendra Mathur and Mehrudeen were examined and documents (Exhibit ­ A/1 to A/4) were exhibited.;