- (1.) THE instant civil misc. appeal has been filed by the appellant -claimants under Section 173 of the Motor Vehicles Act for quashing and to set aside the impugned award dated 9.2.2007 passed by the MACT, Neem Ka Thana, in claim case No.173/2005, whereby the claim petition filed by the claimant has been rejected.
(2.) THE brief facts as emerging on the face of record are that a claim petition under Section 163 -A of the M.V. Act came to be filed by the claimants before the Tribunal with the averments that deceased Hanuman Prasad, whose age was 35 years, was in government service posted in Geological Survey of India, West Zone, Jaipur and was drawing a monthly salary of Rs.4000/ -. On 2.6.1992, he was driving the vehicle Truck bearing No. R.R.B. 1025 for going to Udaipur. In the way near Gogunda on account of breaking of brake pipeline of the truck, the brakes of the truck failed and truck got overturned due to which Hanuman Prasad sustained injuries and while he was being carried to Udaipur for treatment died in the way. He was driving the vehicle under the employment and for the benefit of non -petitioner No.1. Petitioner No.1 is the wife of the deceased and others are his children. On account of death of the deceased the claimants have been deprived of his income and life has been put in dark. The claimants filed the claim petition under Section 163 -A of the MV Act for getting compensation to the tune of Rs.52,25,000/ -. The non -petitioners in their reply admitted that deceased Hanuman Prasad was working in their department but denied rest of the averments in absence of knowledge and stated that the truck was damaged badly. It was alleged that the deceased gave lift in the truck to an unknown person and on account of death of that person in the accident, the department gave compensation to the claimants of that person to the tune of Rs.2,60,000/ -. This loss has been caused to the department due to mistake of deceased Hanuman Prasad. The claim petition is barred by limitation and accident occurred due to negligent act of the deceased. It was averred that the gratuity amount of Rs.13560/ -, amount of Rs.32654 as insurance and saving fund have been paid to the widow of the deceased on 29.9.1992 and 21.7.1992 respectively. Family pension is also being given to her. Therefore, the claimants are not entitled to get any compensation and prayed for dismissal of the claim petition.
(3.) THE learned Tribunal after hearing counsel for both the sides framed as many as 4 issues including the issue of relief.;