- (1.) THIS appeal is directed against the judgment and award dated 10.4.2013 passed by Motor Accident Claims Tribunal, Balotra ('the Tribunal'), whereby the Tribunal has awarded a sum of Rs.1,79,760/ - as compensation to the claimant -owner of the vehicle.
(2.) THE facts in brief may be noticed thus : the claimant Mool Singh filed an application under Section 166 of the Motor Vehicles Act, 1988 ('the Act') before the Tribunal, inter -alia, with the averments that on 22.4.2011 his vehicle Tanker No.RJ -19 - 1G -2757 was being driven by the driver Dama Ram rashly and negligently, which resulted in the same turning turtle and consequently, claimant suffering damages and therefore, the driver and the insurance company was liable for making payment of the amount of damages i.e. Rs. 2,65,236/ - and both are jointly and severally liable. A reply was filed by the driver Dama Ram and the Insurance Company disputing the averments made in the application. The Insurance Company raised preliminary objections regarding maintainability of the application before the Tribunal. It was also contended that the driver was not in possession of a valid and effective driving licence and the vehicle was being driven without valid permit and in violation of the policy conditions and, therefore, the Insurance Company was not liable.
(3.) THE Tribunal framed four issues. On behalf of the claimant, he himself appeared as AW -1 and Mishri Lal appeared as AW -2 and exhibited 31 documents. On behalf of the Insurance Company, NAW -1 Sudheer Bhandari was examined and two documents were exhibited. The trial court after hearing the parties came to the conclusion that the vehicle was being driven rashly and negligently by the driver and the claimant was entitled to compensation to the extent of Rs. 1,79,760/ -. While deciding issue No.2, which pertained to its jurisdiction to deal with the application, the Tribunal came to the conclusion that several letters were written by the claimant to the Insurance Company seeking compensation and ultimately, the application was filed for own damages, to which reply has been filed by the Insurance Company and without further dwelling on the issue decided the issue in favour of the claimant and against the Insurance Company and ultimately, passed the award as noticed hereinbefore.;