- (1.) Instant appeal u/Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant-Insurance Company assailing the award dt.08/07/2015 passed by the Motor Accient Claims Tribunal, Jaipur in Claim Case No.113/2004 by which the claimant-respondent has been awarded compensation to the tune of Rs.1,04,410/-.
(2.) The undisputed facts are that this is a second round of litigation between the parties. Earlier an order was passed by the Tribunal against the same claim on 30/11/2004 which came to be assailed before this Court and this Court vide judgment dt.09/01/2013 was pleased to set aside order of the Tribunal and directed to redecide the issues No.3 & 4 afresh and pursuant thereto, the Tribunal, vide order impugned allowed compensation to the claimant-respondent to the tune of Rs.1,04,410/- which is assailed by the appellant-Insurance Company.
(3.) Brief facts of the case are that on 15/08/1999 at about 10 pm in the night, while one Roop Singh with his friends Lakhan and Kamar Singh was coming in a Three Wheeler Scooter No.DL-1-RC-0963 to his home at Saravalnagar Sadatpur and as soon as they reached near TB Hospital, Mukhiya Market, Karaqvalnagar Road, the driver of the Three Wheeler drove the Three Wheeler in rash and negligent manner with a high speed that the Three Wheeler got overturned as a result of which the claimant-respondent got seriously injured. An FIR to this effect came to be lodged in the concerned police station. On filing claim petition, the learned Tribunal allowed claim, as aforesaid vide award impugned against which the present appeal has been preferred by the appellant-Insurance Company.;