J.K. Ranka, J. - (1.) THE instant civil misc. appeal by the appellants -claimants under Section 173 of the Motor Vehicles Act is directed against the impugned award dated 3.12.2008 passed by the MACT, Bundi in claim case No. 42/2008.
(2.) THE brief facts as has been gathered on the basis of the impugned order and the arguments advanced by the counsel for the parties is that on 19.6.2007 when deceased Aslam Khan, the husband of claimant/appellant No. 1 was going on his motorcycle bearing No. R.J.20/15M -7107 from Jamilpura to Bundi and at the crossing Namana Road met with an accident by Maruti Van bearing No. R.J.17 -UA -0451, which was being driven in a rash and negligent manner by the driver of the said Maruti Van and going on the wrong side hit the motorcycle due to which deceased Aslam Khan suffered serious and grievous injuries and he was immediately taken to Kota hospital, where he was declared dead. On account of the said accident, the motorcycle also got badly damaged. It was claimed that the accident occurred on account of the offending vehicle Maruti Van. An FIR was lodged bearing No. 143/2007 and thereafter challan against the driver of the Maruti Van was also filed before the appropriate court. It was admitted that the respondents Nos. 1 & 2 are driver and owner of the offending vehicle and the vehicle was insured with the respondent No. 3 i.e. National Insurance Co. Ltd. It was claimed that the deceased was aged about 26 years and 3 months and was a Compounder in a private clinic and was also doing agricultural operation in the property owned by his father. The Tribunal after considering the material on record framed 4 issues including the issue of relief, statements of a.d.1 Smt. Shabina, A.D.2 Shahabuddin, fir (ex.1), Charge -sheet (Ex. 2), Site -plan (Ex. 3), notice under Section 133 of the MV Act (Ex. 6), driving licence (Ex. 9), Registration Certificate (Ex. 10), Insurance Cover Note (Ex. 11), Diploma Certificate (Ex. 15) etc. and adopting income of the deceased at Rs. 5000/ - per month passed the award granting total compensation of Rs. 7,70,000/ - as compensation in favour of the claimants/appellants.
(3.) I have heard the appeal finally and have heard learned counsel for both the parties.;