- (1.) The instant appeal is directed against the award dated 20.4.2005 passed by Motor Accident Claims Tribunal, Shahpura (Jaipur) in MAC No.186/2002.
(2.) Brief facts noticed are that on 12.1.2002 one Sua Lal was travelling in a truck bearing no.RJ 14G 1206 for going to Rajkot from Ramganj Mandi, which collided with the truck ahead of it bearing no.GJ 3V 9194. It is said that due to negligent driving, the truck bearing no.GJ 3V 9194 on wrong side of the road, the truck in which Sua Lal was travelling dashed with truck no.GJ 3V 9194, and the collision was so severe that Sua Lal received grievous injury while travelling in the truck on account of which later he succumbed to the injury. The Tribunal, after taking into consideration the facts and material evidence on record, allowed compensation to the extent of Rs.4,31,000/-. Hence this appeal.
(3.) Counsel for the appellant-Insurance Company contended that there was no negligence at all of the vehicle (GJ 3V 9194) which was insured with the Insurance Company. Counsel also contended that no challan or charge-sheet against the alleged offending truck was filed, and once this vital fact is there, the claim allowed itself is unjustified. She relied on the judgment of this court in Laxmi Devi & Others v. Chandra Prakash & Others,2013 RAR 423, and contended that the order of Tribunal is perverse.;