Sandeep Mehta, J. - (1.) THE instant appeal for enhancement has been preferred by the appellants claimants against the judgment cum award dated 19.10.2001 passed by the learned Motor Accident Claims Tribunal, Pali in MAC No. 311/2001 (7/1999), whereby a total sum of Rs. 2,69,000/ - was awarded to the appellants claimants as compensation for the death of late Shri Shyam Singh, who met with an unforutnate untimely death in a motor vehicle accident on 17.7.1998.
(2.) FACTS of the case are that the deceased Shyam Singh was proceeding on his motorcycle bearing registration No. MTI.5545 from Jodhpur to Pali. The motorcycle was being driven by Jogendra Singh and Shyam Singh was sitting as a pillion rider. Near the Kudi Village, a trailer bearing registration No. MP09.KB. 190 being driven by its driver Vinayak in a rash and negligent fashion, collided with the motorcycle causing injuries to Jogendra Singh and the instantaneous death of Shyam Singh on spot. The trailer was owned by non -claimant No. 2 Smt. Gurmeet Kaur and insured by non -claimant No. 3 United India Insurance Co. Ltd. The appellants herein being the legal heirs of Shri Shyam Singh filed a claim application under Section 166 of the Motor Vehicles Act in the court of the learned Motor Accident Claims Tribunal, Pali praying for a total compensation of Rs. 31,59,000/ - with interest. Nobody appeared before the Tribunal on behalf of the respondents No. 1 and 2 and owner and driver of the offending vehicle despite service. The respondent insurance company appeared and filed a written statement raising the usual defences regarding the negligence causing the accident being that of the motorcycle driver; the driver, owner and insurer of the motorcycle not being impleaded as parties to the claim application and the drivers of both the vehicles i.e. the trailer and the motorcycle not having approved licences authorizing them to drive their respective vehicles.
(3.) THE learned Tribunal framed the following issues for consideration and decision: (i) Whether the non -claimant No. 1 Vinayak drove the trailer bearing registration No. MP09.KB.190 rashly and negligently on 17.8.1998 and thereby collided with the motorcycle bearing registration No. MTI.5545 causing the death of Shyam Singh. (ii) Whether the claimants are entitled to receive a compensation of Rs. 31,59,000/ -. (iii) Whether the accident took place by the rash and negligent driving of the driver of the motorcycle and if so whether the motorcycle driver, owner and the insurance company are necessary parties to the claim application. (iv) Whether the non -claimant No. 1 was not having an appropriate licence to drive the offending trailer and whether, the insurance company is entitled to an exoneration from satisfying the award. (v) Relief if any.;