Pratap Krishna Lohra, J. - (1.) APPELLANTS , the driver and owner of Jeep bearing registration No. RJ -16 -TA -1092, have laid this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act of 1988') challenging the impugned judgment and award dated 16th July, 2013 passed by learned Motor Accident Claims Tribunal, Jalore (for short, 'learned Tribunal'). By the award impugned, the learned Tribunal has exonerated the respondent -insurer from its liability to pay compensation and has fastened liability on the appellants.
(2.) THE facts, in brief, are that the respondent -claimants filed a claim petition under Section 166 read with Section 140 of the Act of 1988 before the learned Tribunal claiming compensation to the tune of Rs. 35 lacs alleging that their kith and kin, Ashok Kumar, sustained grave and serious injuries due to the accident caused by rash and negligent driving of Jeep No. RJ -16 -TA -1092. As per respondent -claimants, due to rash and negligent driving of the jeep, the motorcycle plied by Ashok Kumar was hit and that resulted in serious injuries on his hands, legs and face and ultimately he succumbed to the injuries. In the claim petition, respondent -insurer was also impleaded as non -applicant with specific averment that the offending vehicle was insured with the said Insurance Company. The claim petition was contested by the appellants as well as insurer and the insurer has also adduced its evidence. The driving licence of the first appellant was also produced before the learned Tribunal, which was not found to be genuine by the learned Tribunal. On 21st August 2012, counsel representing the cause of the appellants made a candid statement before the learned Tribunal not to adduce any evidence and consequently their evidence was closed, and thereafter evidence of the Insurance Company was recorded.
(3.) IT appears that the appellants realized their mistake in not tendering evidence, and therefore, an endeavour was made at their behest to tender evidence. Requisite application is laid before the learned Tribunal on 11th December, 2012 with certain documents. The application is contested by the respondent -insurer.;