Sandeep Mehta, J. - (1.) THIS misc. appeal has been filed by the claimants, the legal heirs of the deceased Jafar Mohammad under Section 173 of the Motor Vehicles Act (for short hereinafter called; "the Act") against the award dated 19.04.2003 passed by the M.A.C.T., Parbatsar in Claim Case No. 40/2002.
(2.) BRIEFLY stated the facts of the case are that the deceased Jafar Mohammad aged 35 years, on 29.04.2002 at around 5.15 pm, was going to his home on a moped bearing registration No. RJ 01 8M 1361. As he reached near his home on the Bhakri main road, a Bus bearing registration No. RJ 26 P 216 being driven in a rash and negligent manner by the Respondent No. 1, hit the moped from behind. As a result of the said accident, the deceased received several injuries and expired on 22.05.2002 while under treatment. The Claimants filed a claim application under Section 166 of the Motor Vehicles Act against the Driver, Owner and the Insurance Company of the Vehicle in question. The Tribunal framed the following issues for consideration: - Whilst deciding the Issues, the Learned Tribunal held that the accident happened due to the rash and negligent driving of the Bus by Respondent No. 1, that the Driver was under the employment of the Respondent No. 1 the Owner of the Vehicle and that the Respondent Insurance Company as well as the Owner and the Driver of the Vehicle were jointly and severally liable to satisfy the claim amount.
(3.) THE learned Tribunal, on the basis of the evidence led before it, worked out the following calculations and computation for evaluating the compensation awardable to the claimants appellants. ;