SANDEEP MEHTA,J. - (1.) The instant appeal has been preferred by the appellant United India Insurance Company Limited against the judgment cum award dated 20.3.2002 passed by the learned Motor Accident Claims Tribunal, Barmer in M.A.C. No. 160/1999 whereby the claim application filed by the respondents No. 1 and 2 was allowed and they were awarded compensation to the tune of 2 lacs on account of death of their 18 years' son Geegu Ram in a road accident, which occurred on 28.4.1999. Whilst accepting the claim, the Tribunal held the appellant Insurance Company i.e. insurer of the truck bearing registration No GJ 9.V.7464 and respondent No. 4 Ibrahim Bhai, the owner thereof, to be jointly and severally responsible to satisfy the award. It is against the said direction of holding the appellant Insurance Company to be jointly and severally responsibility to satisfy the award with the owner of the insured vehicle that the appellant Insurance Company has preferred the instant appeal.
(2.) Facts in brief are that on 28.4.1999 the deceased Geegu Ram wat travelling in a truck bearing registration No. GJ 9.V.7464, which was going from Rajasthan to Gujarat. At about 4.30-5.00 in the morning, the truck overturned at a result whereof, Geegu Ram, the deceased, received a head injury. He was take: to the Gudamalani Hospital where he expired. The respondents No. 1 and 2 claimants being the parents of the deceased filed a claim application under Section 166 of the Motor Vehicles Act before the Tribunal seeking compensation of 15,79,000/-. The owner and the driver of the truck in question did not appeal in the claim proceedings despite service. Appearance was put in on behalf of the Insurance Company before the Tribunal and a specific plea was taken that the deceased was travelling as a passenger in the truck and thus, the Insurance Company was not liable to pay any compensation as it was a case involving death of a passenger travelling in a transport vehicle.
(3.) The Tribunal framed the following issues for consideration:- 1. As to whether the driver of the truck bearing registration No. GJ V.9.7564 drove the same rashly and negligently on 28.4.1999 and caused the accident in. which Geegu Ram expired? 2. As to whether the claimants are entitled to receive the compensation of 15,79,000/-? 3. As to whether the deceased was travelling in the truck as a passenger and as a result thereof, whether the Insurance Company was liable to bear the award or not? 4. As to whether the driver of the offending vehicle was having a valid licence to drive the same?;