- (1.) THIS appeal is directed against judgment and award dated 10.04.2002 passed by the Motor Accident Claims Tribunal, Bikaner ('the Tribunal'), whereby, for death of one O.P. Pandey ('the deceased'), who was then serving as Executive Engineer, the Tribunal has awarded a sum of Rs.21,89,800/ - alongwith interest @ 9% per annum from 25.08.1999 i.e. the date of filing application for compensation ('the application'), however, the insurer of the offending vehicle has been exonerated.
(2.) THE facts in brief may be noticed thus: on 17.03.1999 when the deceased was travelling in a car bearing registration No.RRB -2027, a truck bearing registration No.RNM -7749 collided with the said car, which resulted in the occupants of the car including the deceased suffering grievous injuries, to which, the deceased later succumbed; application was filed by the legal representatives of the deceased against the truck driver, owner of the truck and its insurer seeking compensation to the tune of Rs.38,87,860/ - alongwith interest @ 24% per annum; the claimants included wife, major son and mother of the deceased; in the application it was contended that the accident occurred on account of rash and negligent driving by the driver of the truck, which resulted in the death of O.P. Pandey, aged 53 years, who was then serving as Executive Engineer with P.H.E.D. Department, whose monthly salary was Rs.14,579/ -. No reply to the application was filed by the driver and owner of the truck, however, the insurer filed its reply, whereby, the general averments contained in the application were denied; however, it was admitted that on the date of accident, the truck was insured with the said Insurance Company; the liability to pay the compensation was denied and it was contended in the additional pleas that the driver of the truck was not in possession of effective and valid driving licence and the owner, who despite knowing the said fact handed over the vehicle to such a driver has violated the policy conditions.
(3.) THE Tribunal framed four issues which, inter alia, included issue No.3 relating to liability of the Insurance Company on the objections raised in the written statement.;