- (1.) The instant civil misc. appeal has been filed by the appellant Insurance Company under Section 173 of the Motor Vehicles Act against the impugned award dated 27.11.2007 passed by the Judge MACT, Ajmer (Raj.) in claim case No.399/2007, whereby the Tribunal has partially allowed the claim petition filed by the claimants and granted total sum of Rs.7,50,500/- as compensation to them.
(2.) The brief facts as emerging on the face of record are that a claim petition came to be filed by the claimant before the Tribunal under Section 166 of the M.V. Act stating therein that on 9.3.2007 at about 8.15 a.m. in the morning in front of IBM Office, Ajmer, the non-petitioner No.1 while driving his motorcycle bearing No. R.J.01 S.D.-8467 in a rash and negligent manner hit Ramdev due to which Ramdev died. An FIR in respect of aforesaid accident was lodged upon which challan was presented against the non-petitioner No.1. It was alleged the claimants were dependent on the earning of the deceased and due to his death, they were deprived of his income, therefore, a claim application for getting compensation of Rs.64,65,400/- was filed.
(3.) The non-petitioner No.1 while filing his reply contested the claim petition and stated that the accident occurred on account of fault of the deceased and further prayed for dismissal of the claim petition. The non-petitioner No.2 Insurance Company also filed their reply and contested the claim petition. In absence of confirmation of insurance of the motorcycle, the Insurance Company did not accept the same and took a plea that the driver of the motorcycle was not having a valid and effective licence at the time of the accident and prayed for dismissal of the claim petition. The application filed under Section 170 of the M.V. Act was already rejected on 1.11.2007.;