Arun Bhansali, J. - (1.) This appeal is directed against the judgment and award dated 31.03.2006 passed by the Motor Accident Claims Tribunal, Jodhpur ('the Tribunal'), whereby the Tribunal has awarded the a sum of Rs. 4,50,000/- as compensation to the claimants along with interest @ 7.5% w.e.f the date of filing application i.e. 13.01.2003.
(2.) The application for compensation was filed by the claimants-parents of one Pappu Ram, inter alia, with the averments that on 15.09.2002, Pappu Ram and Khima Ram were driving Truck No. RJ-19-1G-2244 and while the vehicle was being plied on the Chavrali Highway Road, the tyre of the Truck bursted and the vehicle in question was parked on the side of the road and indicators were switched on and stones were placed. However, at about 4:00 in the morning, another Truck No. RJ-07-G-0007, which was being driven rashly and negligently came and collided with the Truck being repaired by Pappu Ram and Khima Ram from the front side. The deceased Pappu Ram was in the process of changing the tyre by putting the Truck on the jack and on account of impact, the jack gave way and Pappu Ram came under the tyre. On account of injuries suffered by Pappu Ram, he expired. It is, inter alia, claimed that the deceased was aged 25 years was working as Truck driver and was employed with Dama Ram S/o. Ishwar Ram and compensation to be tune of Rs. 35,72,500/- was sought.
(3.) The application was opposed by the respondents. It was, inter alia, claimed that the deceased himself was responsible for the accident as the vehicle was parked on the road, which resulted in accident and, therefore, the non-claimants were not liable for making payment of compensation. The Insurance Company also filed reply and disputed its liability.;