- (1.) The instant civil misc. appeal has been filed by the appellant Insurance Company under Section 173 of the Motor Vehicles Act for quashing and setting aside the impugned award dated 31.5.1995 passed by the MACT, Kota qua them Jaipur in claim case No.281/88 (68/87), whereby the Tribunal has awarded a sum of Rs. 1,74,000/- as compensation against the appellant.
(2.) The brief facts as emerging on the face of record are that a claim petition came to be filed by the claimants before the Tribunal under Section 110-A read with Section 92-A of the M.V. Act,1939 (Old Act) against owner of Bus bearing No. R.S.O. 2880, who died during the pendency of the claim petition and his legal heirs were brought on record as non-petitioners Nos.1/1 & 1/2 respectively, Kanhaiya Lal driver of the Bus (non-petitioner no.2) and The New India Assurance Co. Ltd. (non-petitioner No.3) claiming a sum of Rs.7,08,000/- as compensation on account of death of Chhitar Lal in an accident, which took place on 22.1.1987 at about 8:00 p.m. in the night.It is alleged in the claim petition that on the unfortunate day when deceased Chhitar Lal was going on his cycle to Aerodrome circle then in front of Jahir Ki Bodi on DCM Road, at that time non-petitioner No.2 was coming from Kaithun side and was driving the Bus in question in a rash and negligent manner hit the deceased with the Bus causing grievous injuries to him on account of which he died in the night of the same day. It was averred that the deceased was earning average income of Rs.50 per day and due to his death the claimants have been deprived of his income.
(3.) The non-petitioners Nos. 1 & 2 did not appear before the Tribunal, therefore, ex parte proceedings were drawn against them. The non-petitioner No.3 Insurance Company asserted in their reply specifically that the claimant has wrongly mentioned the income of the deceased and it is so exorbitant. It was further pleaded that the driver of the Bus in question was not having a valid licence at the time of accident and further the deceased was himself responsible for the accident.;