J.K. Ranka, J. - (1.) The instant appeal is directed against the award dated 27.8.2013 passed by Motor Accident Claims Tribunal-1, Jaipur Metropolitan, Jaipur, in MAC Case No.1363/2012, whereby Rs.9,45,125/- has been awarded to the claimants exonerating respondent-Insurance Company from its liability to pay the compensation amount.
(2.) The brief facts noticed are that on 29.5.2012 at about 1:00 PM, one Kamlesh Meena was going to Badekhann from his village on Lalsot-Madhopur Mega Highway on motorcycle bearing no. RJ29 35M 5705, and the motorcycle was being driven in a moderate speed and on correct side abiding the traffic rules. It was claimed that when the motorcycle reached near Bhadoti Toll Plaza, at that time a trailer bearing no. TN28 AK 2235, which was being driven in a high speed, rash and negligent manner, came on wrong side and hit the motorcycle by which the motorcycle was carried on the road for sometime, consequent thereto, Kamlesh Meena was said to have suffered grievous injuries, and during the course of treatment died in the S.M.S. Hospital, Jaipur. FIR was lodged under Section 279, 304A IPC and after investigation police filed charge-sheet against driver of the trailer. The Tribunal, after analysing the material on record, came to the conclusion that though the accident did occur on account of the fault of the driver, namely Pauri Sami, and after investigation, considering issue no.3 exonerated the Insurance Company of the claim primarily in view of the fact that the trailer had no permit at the time when the vehicle hit the motorcycle of Kamlesh Meena, and accordingly though allowed the claim to the extent of Rs.9,45,125/-, but to be recovered from respondent nos.1 and 2, namely the driver and owner of the said vehicle.
(3.) Learned counsel for the appellants restricted his arguments only on issue no.3 by which the Insurance Company, respondent No.3, had been exonerated by the Tribunal on the premise that the trailer (vehicle) had no valid permit and thus gave up other issues/grounds raised in appeal on merits and enhancement, and restricted his submissions on the issue no.3.;