J.K. Ranka, J. - (1.) INSTANT miscellaneous appeal has been preferred by the claimant -appellants under Section 173 of the Motor Vehicles Act, 1988 for enhancement of the impugned award dated 29.07.2009 passed by the M.A.C.T. Jaipur City, Jaipur in Claim Case No. 934/08 [993/06], whereby the claimant -appellants have been awarded compensation in a sum of Rs. 2,66,600/ -, along with interest @ 9% per annum from the date of filing of the claim petition.
(2.) THE tribunal, while passing the impugned award, has recorded that the deceased, namely Gulab Chand, along with his family was going in his Maruti Van, bearing registration No. RJ -14 -7 -C -7037 for the pilgrimage of Girirajji way back on 09.04.2006, at that time, suddenly a vehicle, namely Armara, bearing registration No. GJ -3 -D -D -3189 came from wrong side in a rash and negligent manner and hit Maruti van, as a result of which, Gulab Chand died at the spot. It is further recorded by the leaned Tribunal that despite the service upon the respondent Nos. 1 and 2, who happen to be the owner and driver of the offending vehicle, Armara, they remained absent, therefore, ex -parte proceedings were drawn against them.
(3.) THE Insurance Company, while filing reply, submitted that since the alleged accident took place in the Village of Dausa District, therefore, the claim could not have been decided by the present tribunal. It was further submitted on behalf of Insurance Company that the driver of the offending vehicle had no proper valid driving license, and therefore, condition of the insurance policy had been breached.;