J.K. Ranka, J. - (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 10.8.2009 passed by the MACT Sikar (Raj.) in claim case No. 166/2008, whereby the Tribunal passed an award granting a sum of Rs. 13,85,304/ - as compensation on different counts to the claimants.
(2.) THE brief facts as emerging on the face of record are that a claim petition came to be filed by the claimants namely wife and daughters and mother of the deceased for grant of compensation to the tune of Rs. 2,15,10,000/ - before the Tribunal under Section 166/140 of the M.V. Act stating therein that deceased Yakub Khan aged 37 years was engaged in the profession of Green International & Travels Service, which was registered with Indian Labour Ministry, in addition thereto he was possessing Agency, sub -dealership, brokership for the purpose of putting shares on account of which he was earning monthly Rs. 35000/ -. It was averred that on 1.3.2007 deceased Yakub Khan was goring by his car bearing No. R.J. 14 C 3838 from Fatehpur to Sikar side in which Company Agent Deepa Mathur was also in the car, he was driving his car at his side with a moderate speed. In the evening at about 5 O' Clock they reached near Bathod Bus Stand at that time a half body Truck bearing No. R.J. 23 G 2320 came from Sikar side with high speed and was being driven by non -petitioner No. 1 rashly and negligently, on seeing that deceased Yakub Khan stopped his car near road side, but the non -petitioner No. 1 brought the Truck on wrong side and hit the car of the deceased and dragged the car four about 100 ft. and on account of dragging the car fell down in a ditch and thereafter the Truck moved over the car due to which deceased and Deepa Mathur got stuck in the car and they came out after removing the truck. Both were got admitted in Fatehpur hospital from where they were carried to Sikar. Deceased Yakub Khan died on the way. The report of the incident was lodged at Police Station, Fatehpur on which case No. 16/2007 was registered and after investigation a charge -sheet was submitted before the ACJM Court, Fatehpur. It was alleged that the accident occurred due to rash and negligent driving by the driver non -petitioner No. 1. The non -petitioner No. 2 is registered owner of the said Truck and for his benefit the non -petitioner No. 1 was driving the Truck. The said Truck of non -petitioner No. 2 was insured with non -petitioner No. 3 and they were liable to pay the compensation. It was stated in the claim petition that after the death of deceased Yakub Khan there was no source of income in the family. The claimants claimed a sum of Rs. 2,15,10,000 as compensation on different counts. In reply to claim petition, the non -petitioners No. 1 & 2 denied the averments made in Paras Nos. 1 to 15 and admitted that Truck bearing No. R.J. 23 G 2320 was under ownership of non -petitioner No. 2 and was insured with non -petitioner No. 3. It was alleged that the claimants have made an exorbitant claim. Therefore, it was prayed that the claim against non -petitioners Nos. 1 & 2 should be dismissed.
(3.) IN the preliminary objections of the reply the non -petitioner No. 3 Insurance Company stated that at the time of the accident, the driver of the offending vehicle was not having an effective and valid licence and on violation of condition of insurance policy they are not liable to pay compensation. Contributory liability should be taken into consideration as the deceased himself was driving the car rashly and negligently. In para -wise reply to the petition, they denied the averments on account of lack of knowledge of the facts. It was alleged that the claimants have filed an exorbitant claim and in the light of preliminary objections, the Insurance Company is not liable to pay any compensation and prayed to dismiss the petition.;