J.K. Ranka, J. - (1.) WITH the consent of the parties, the appeal is being heard finally.
(2.) THE instant appeal u/s. 173 of the Motor Vehicle Act, 1988 is directed against the order of the MACT Ajmer dated 21.5.2007 passed in Claim Petition No. 599/2005. The brief facts as emerging in the instant appeal and on the basis of arguments advanced by the counsel for the parties are that on account of an accident occurred between two vehicles i.e. Truck bearing No. R.J.02 -G -3705 and Car bearing No. M.H.02/N. -6286 on 28.9.2005 at about 4:30 a.m. in the morning near Tabiji Gas Plant at N.H. No. 8 due to rash and negligent driving of Truck bearing No. R.J.02 -G -3705 by non -petitioner No. 1 under the employment of owner of vehicle non -petitioner No. 2 in which car driver Khinya Ram died. An fir of the accident was lodged and challan was filed against non -petitioner No. 1. In this regard a claim petition was filed before the Tribunal by the claimants stating therein that on account of death of the deceased in the said accident, they have been deprived of his income and they were dependent on him and claimed a sum of Rs. 31,92,000/ - as compensation.
(3.) EX parte proceedings were drawn against the non -petitioners Nos. 1 & 2. The non -petitioner No. 3 Insurance Company contested the claim petition though admitted about the insurance of the vehicle and in defence they took a plea that at the most it is a case of contributory negligence. It was pleaded that the truck driver was not having a valid driving licence at the time of accident. It was also pleaded that the owner of the car, driver of it and insurance company of the car have not been made party to the claim petition and prayed for dismissal of the claim petition.;