SANDEEP MEHTA,J. - (1.) The instant appeal has been preferred by the appellant Insurance Company against the judgment cum award dated 25.10.2000 passed by the learned Motor Accident Claims Tribunal, Gulabpura District Bhilwara in Motor Accident Claims Case No. 61/2000 (10/99) (140/95) whereby total compensation of L2,41,000/- was awarded to the respondents No. 1, 2 and 3, the claimants in relation to the death of one Shri Gajanand Purohit in a road accident which occurred on 3.5.1995.
(2.) As per the averments set out in the claim petition, the deceased was going on his side of the road on a cycle on the fateful day. A tanker bearing registration No. R) 26 6G-0068, owned by the respondent No. 5, M/s. Progressive Engineering Company, Bisalpur, driven by the respondent No. 4, Shri M.D. Bashir and insured by the appellant, was driven on the wrong side of the road. On seeing the bicycle, the tanker driver who was going on the wrong side of the road tried to avoid it and as a result, the tanker overturned and, the deceased got crushed under it and expired at the spot. The claimants filed a claim application praying for a total compensation of L12,21,500/-.
(3.) The learned Tribunal framed the usual issues regarding the rash and negligent driving of the tanker by its driver being the cause of the accident, the entitlement of the claimants to receive compensation, the defence raised by the Insurance Company regarding the tanker driver not having a valid and effective licence to drive the tanker and the contributory negligence of the deceased himself being the cause of the accident.;