J.K. Ranka, J. - (1.) THE instant appeal is directed against the order of the MACT (Addl. District & Sessions Judge (Fast Track) No. 2, Sikar dated 30.6.2007 passed in Claim Petition No. 668/2005.
(2.) THE brief facts as emerging in the instant appeal and on the basis of arguments advanced by the counsel for the parties are that on 13.12.2004 at about 8.45 p.m., Jagdish (deceased) along with one of his known person Shrichand was waiting for a bus in village Fatehpur near the Petrol Pump then at that time a truck bearing No. R.J.31 -G -2605, which was being driven in a rash and negligent manner by the driver with high speed came and hit Jagdish due to which he died on the spot. It was known that the offending vehicle was driven by one Sarjeet Singh under the employment of truck owner Jaswant Singh and, therefore, an fir was lodged against both of them and a claim petition was filed against both of them. Since the vehicle was insured with respondent No. 3 - New India Insurance Company Ltd., therefore, claim was lodged against the Insurance Company as well. Since the respondents Nos. 1 & 2 despite of repeated opportunities did not file any reply, therefore, their evidence was closed. The Insurance Company though filed a reply but observed that the deceased died because of his own negligence as he was standing on the main road and had he been standing on his side not on the main road then this incident may not have happened and, therefore, there was negligence of the deceased himself. It was pleaded that the driver had no valid licence at the time of the accident and, therefore, they are not liable to pay the compensation, if any.
(3.) FOUR issues were framed by the Tribunal including the issuer of relief. The Tribunal after analysing the material on record namely fir, challan filed before the competent court, notice under Section 133 of the MV Act, mechanical report of the vehicle, seizure memo of the vehicle and other statements recorded of various persons namely Leeladhar and others observed that the vehicle was driven in a rash and negligent manner and with ' high speed and, therefore, hit Jagdish,' who died on the spot. It is a finding of fact that even the offending vehicle came from the wrong side and since there was no contrary evidence, the Tribunal held it against the respondents.;