- (1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellantInsurance Company aggrieved against the judgment & award dated 17.05.2016 passed by the Motor Accident Claims Tribunal, Dungarpur ('the Tribunal'), whereby the Tribunal for death of one Jeeva @ Jeevat Ram has awarded compensation to the tune of Rs.7,77,616/- alongwith interest @ 9% per annum w.e.f. 23.09.2014 till the date of actual payment.
(2.) The application for compensation was filed by the claimants wife/parents of the deceased Jeeva @ Jeevat Ram, inter alia, with the averments that the deceased Jeeva @ Jeevat Ram was travelling on Motor Cycle No.GJ-05/KS-7426 alongwith Anil and Jayesh from Malgam village to Bhaisana Ichhapor Road at Surat at about 3.15 PM, when a Mini Truck No.GJ- 16/W-0046 being driven by Raju Bhai rashly and negligently collided with the Motor Cycle, resulting in grievous injuries to Jeeva @ Jeevat Ram and the other occupants of the Motor Cycle, resulting in all three of them succumbing to the injuries. It was claimed that the deceased was aged 22 years and was having income of Rs.12,000/- per month as a labour and agricultural operations and based on the same compensation was sought.
(3.) The application proceeded ex-parte against owner and driver of the Mini Truck. The Insurance Company filed its response and disputed that the accident occurred on account of rash and negligent driving by the Driver of the Mini Truck. It was claimed that three persons were riding the Motor Cycle, which resulted in imbalance and consequential accident. It was also claimed that the Driver was not in possession of valid driving licence.;