- (1.) The instant appeal is directed against the judgment cum award dated 6.8.1998 passed by the learned Judge, Motor Accident Claims Tribunal, Bikaner in MAC No.28/1994 whereby the claim application filed by the appellant under Section 166/163A of the Motor Vehicles Act was allowed and the claimant respondent Sundar Lal was awarded a total sum of Rs.1,02,000/- on account of death of his son Ram Kishan in a vehicular accident.
(2.) Facts in brief are that a claim application was filed by Sundar Lal in the court of the learned Motor Accident Claims Tribunal, Bikaner. As per the averments made in the claim application, Sundar Lal alongwith Ramkishan was passing by the road Rani Bazar, Bikaner on a bicycle on 2.11.1993. At that time, a truck bearing registration No.RRF- 2025 being driven at a great speed came from behind and hit the bicycle and as a result thereof, Ramkishan fell down from bicycle and sustained injuries resulting into his death. Sundar Lal by filing an application under Section 166 of the Motor Vehicles Act before the Tribunal, claimed a compensation of Rs.4,46,650/- as damages for the death of his young unmarried son. It was mentioned in the claim application that Ramkishan was doing a job of radium polish on gold and silver jewellery and was earning a sum of Rs.1000/- per month.
(3.) In reply to the claim aplication, the insurance company took the following defenses (i) that the driver of the truck was not having a valid licence to drive the truck, (ii) that the claimant was himself responsible for the accident and thus, was not entitled to compensation.;