- (1.) This appeal & cross-objection is directed against the judgment and award dated 16.9.1999 passed by the Motor Accident Claims Tribunal, Udaipur ('the Tribunal'), whereby the Tribunal has awarded a sum of Rs.58,000/- as compensation to the claimant for damage to the Jeep and has held appellantInsurance Company liable alongwith the driver and owner of the offending truck. Cross-objection has been filed by the owner of the truck regarding the finding of negligence recorded by the Tribunal.
(2.) The facts in brief may be noticed thus : the application for compensation was filed by the claimant that on 31.5.1994 at about 11:00 p.m. the jeep of the claimant was plying from Udaipur to Salumber when truck RRY-9413, which was plying from Salumber to Udaipur, came on the wrong side and struck the jeep, resulting in the employees travelling in the jeep getting killed there itself and the jeep being damaged. The present claim pertains to jeep where the compensation was sought to the tune of Rs.2,50,000/-.
(3.) The application was opposed by the respondents and the Tribunal after hearing the parties came to the conclusion that the accident occurred on account of rash and negligent driving by the truck. Based on the material available on record, the Tribunal came to the conclusion that the claimant was entitled to a sum of Rs.58,000/- as compensation.;