- (1.) Instant civil misc. appeal has been filed by the appellant-Insurance Company under Section 173 of the Motor Vehicles Act assailing the award dated 15/12/2008 passed by the Motor Accident Claims Tribunal, Jaipur in claim case No.194-A/2008 (802/2004), whereby the claim petition filed by the claimants-respondents has been partly allowed granting compensation of Rs..12,54,000/-.
(2.) The brief facts as emerging on the face of record are that on 09/01/2004 the deceased Karan Singh was going with Himmat Singh in Indica Car No. RJ-14-T-4779 which was being driven by Himmat Singh and at about 10.30 pm in the night, when they were on the bye-pass road, Tonk, one truck, which was coming from Kota, bearing No.RJ-14-G-5628, whose driver was driving this truck in a rash and negligent manner and from wrong side, dashed the Indica Car in which the deceased was travelling due to which Himmal Singh sustained grievous injuries and Karan Singh died. An FIR was lodged at police station Tonk, bearing No.4/2004 and it was mentioned that the accident happened on account of mistake as well as driving the truck by its driver in a rash and negligent manner.
(3.) The claimants-respondents filed claim petition under Section 166/140 of the Motor Vehicles Act and prayed for award of compensation. Since there was no response from respondents No.1 & 2 in the claim petition i.e. truck driver and owner, therefore, ex-parte proceedings were drawn against them by the Tribunal. However, the appellant-Insurance Company filed reply and claimed that the accident happened on account of mistake of Himmat Singh who was driving the Indica Car and it was averred that he was not driving the car in proper manner and there is no mistake of the truck driver.;