J.K. Ranka, J. - (1.) THE instant civil misc. appeal has been filed by the appellants -non -claimants Nos. 1, 2 & 4 under Section 173 of the Motor Vehicles Act for quashing and setting aside the impugned order dated 7.7.2008 passed by the MACT, Aklera District, Jhalawar, in claim case No. 95/2006, whereby the claim petition filed by the claimant has been partly allowed granting compensation of Rs. 63712/ - in favour of the claimant.
(2.) THE brief facts as emerging on the face of record are that three claim petitions were filed before the Tribunal in respect of same incident, which were heard together and decided by the Tribunal vide its impugned award. It was averred in the claim petitions that the claimants went to Nalkhedi in connection with the marriage, when they were returning in Trolley bearing No. R.J. 17/E.A.0091 of Mahendra Tractor DI having no number plate, with Chassis No. J.Y.T.284 on 19.4.2006. It was alleged that Tractor driver Chhitarlal (non -petitioner No. 1) was driving the Tractor in a rash and negligent manner and drove the Tractor Trolley from the side of Truck (Dumper), which was standing at the corner of the road due to which the passengers who were sitting left side of the trolley received injuries on their legs. It was further averred that the Tractor having no number 275 D.I. Chesis & Engine No. J.Y.T.284 was insured with non -petitioner No. 3 and its registered owner was non -petitioner No. 2 Ratanlal. It was further averred that Tractor -Trolley bearing No. R.J. 17/EA.0091 was insured with non -petitioner No. 5 and its owner was non -petitioner No. 4 Srilal. The claimant in the present case Ramlal demanded a compensation of Rs. 19,00,000/ - on account of injuries sustained by him in the said accident from all the non -petitioners jointly and severally. The non -petitioners Nos. 1, 2 & 4 filed their reply to the claim petition denying all the allegations made in the claim petition and stated that the accident was not caused by the Tractor Engine bearing No. J.Y.T.284 along with Trolley bearing No. R.J.17/E.A.0091. On behalf of non -petitioner No. 3 United India Insurance Co. Ltd. and non -petitioner No. 5 National Insurance Co. Ltd. reply to the claim petition was filed stating therein the claimants have filed false claims and there is no dispute that the vehicles were insured with the Insurance Companies, but it has been specifically pleaded that the vehicles were insured for agricultural purposes. It was stated that it was admitted that there were 10 -15, 20 -25 & 30 -40 sitting in the vehicles in question excluding tractor driver and no premium in respect of covering risk was paid in so far as the passengers are concerned and, therefore, the Insurance Companies are not liable to pay the compensation to the claimants. It was stated that accident was not caused by vehicle Trolley bearing No. R.J.17/E.A.0091. It was also stated that the trolley was attached with the Tractor but it was liable to be treated separately.
(3.) AFTER hearing the arguments advanced by the parties, the learned Tribunal framed as many as 5 issues including the issue of relief. The claimants produced A.D. 1 Devilal, A.D. 2 Ramlal and A.D. 3 Mangilal as witnesses in support of their claims. The non -petitioners got recorded statements of N.A.W. Ravi Malik, N.A.W. 2 Prabhulal, Chhitarlal N.A.W. 3 (non -petitioner No. 1) and N.A.W. 4 Ratanlal (non -petitioner No. 2). Documents were got exhibited i.e. FIR (Ex. 1), Injury Reports (Ex. 2, 3 & 4), Challan (Ex. 5), Site inspection report of the incident (Ex. 6), seizure memo of tractor & trolley (Ex. 7) and notice under Section 133 of the M.V. Act (Ex. 8). The Tribunal after considering the submissions of the counsel and perusing the material available on record passed the impugned award granting compensation of Rs. 63712/ - in favour of the claimant in the present case. Hence this appeal.;