- (1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'Act of 1988') is filed by the insurer of the offending vehicle for challenging the judgment and award dated 01.05.2014 passed by the Motor Accident Claims Tribunal-I, Jodhpur, (for short, 'learned Tribunal') while adjudicating claims under Section 163A of the Act of 1988 laid by respondent/claimants.
(2.) Apposite facts are that on fateful day of 5 th February 2010, when deceased Pukhraj was returning home from Osian on this motorbike, while driving it cautiously at a moderate speed, Jeep No. RJ-4-UA-0044 collided with it near Mela Maidan, Osian causing grave and serious injuries to deceased resulting in his death on the spot. It was head on collision and for the accident negligence was attributed to the jeep driver. For quantifying compensation of Rs.4,89,500 the respondent claimants have averred in the claim that deceased was running a shop of grocery items and cloths earning Rs.40,000 per month. At the time of accident, age of the deceased is shown as 24 years. In the reply, respondent owner of the offending vehicle denied the accident for want of knowledge. None appeared for second respondent driver of the vehicle despite service of notice and therefore learned Tribunal proceeded ex-parte against him. Appellant Insurance Company in its return admitted the fact that offending vehicle was insured by it. Regarding quantum of compensation, appellant has averred in the reply that it is excessive and as such cannot be granted to the claimants. Appellant resisted the claim by attributing violation of terms of the policy by the insured.
(3.) After framing the issues, learned Tribunal recorded evidence of the rival parties. In support of claim, respondent/claimant Smt. Prem and one Ganpat appeared in the witness box. Besides ocular evidence, claimants produced nine documents which are exhibited. On behalf of non-claimants including the appellant, no evidence was tendered.;