- (1.) The instant appeal is directed against the award dated 23.7.2015 passed by Motor Accident Claims Tribunal No.1, Jaipur Metropolitan, Jaipur, in Claim Case No.2043/2012.
(2.) The brief facts noticed are that on 1.10.2011, Ganesh and Bijendra Meena, who were employed as Waiter in Desert Resort Hotel, as per directives of owner of the Hotel, went to Ratangarh on motorcycle of the owner bearing no.RJ14 BK 7401. The motorcycle was being driven by Ganesh and Bijendra Meena was pillion rider. When they were returning back to the Hotel, an unidentified vehicle hit their motorcycle near village Pathli at about 9:00 P.M., as a result of which Bijendra Meena received injuries, to which he succumbed later. It was claimed on behalf of the claimants that claim to the extent of of Rs.8,77,800/- is to be allowed on account of the death caused. The motorcycle was insured by the appellant Insurance Company. The Tribunal, analysing the material on record, allowed the claim to the extent of Rs.4,44,700/- vide the impugned award, which is assailed herein.
(3.) Counsel for the appellant contended that the claim allowed by the Tribunal is unjust and improper and is based on no material evidence. He further contended that Bijendra Meena was sitting as a pillion rider on the motorcycle and no premium was paid by the owner of the motorcycle for person travelling as a pillion rider. He further contended that the claim of the very accident was not proved and it was by an unidentified vehicle and even later on the claimant-respondents could not pin point the cause of accident. It was further contended that the accident was caused on account of rash and negligent driving of Ganesh, who is stated to be driving the motorcycle in high speed. It is also contended that Ganesh was not having a valid license to drive a two wheeler and, therefore, the Tribunal was unjustified in allowing the said claim. He also contended that claim allowed is highly excessive, unreasonable and exorbitant. He placed reliance on New India Assurance Co. Ltd. v. Kusum & Others IT, 2010 2 ACC 518 and National Insurance Co. Ltd. v. Kaushalaya Devi & Others, 2008 ACJ 2144, and contended that the issue requires consideration.;