Pratap Krishna Lohra, J. - (1.) Aggrieved by the impugned judgment and award dated 21.04.2001 passed by the Motor Accidents Claims Tribunal, Bikaner (for short 'the learned Tribunal'), the appellant -insurer has laid this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short 'the Act'). By the award impugned, the learned Tribunal has quantified compensation to the tune of Rs. 10,15,000/ - and also allowed interest on the said amount @ 9% per annum from the date of filing of the claim petition.
(2.) The facts apposite for the purpose of this appeal are that on 14.02.1997 at about 8:45 p.m. Mr. Bhanwardeen was going on Moped No. RJ 07/JM 9429 as pillion rider which was driven by one Anwar Ali. When the moped reached near Ridmalsar Bus Stand, the moped meet with an accident with Truck No. RJ 07/G 2028 which was driven rashly and negligently at a fast speed by its driver. Due to accident, Bhanwardeen suffered grave and serious injuries and, therefore, he was taken to hospital but during treatment on the same day, he succumbed to the injuries. In that background, the respondents -claimants who are legal heirs and dependents of deceased Bhanwardeen filed a claim petition against the driver, owner and insurer of the offending vehicle under Sec. 140 and 166 of the Act. Being insurer of the offending truck, the appellant was also impleaded as party non -claimant. The respondents -claimants in the claim petition, inter alia, averred that accident occurred due to rash and negligent driving of the truck by its driver and, therefore, all the non -claimants including the appellant -insurer are jointly and severally liable to pay compensation. For quantifying the amount of compensation, age of deceased was shown as 45 years and his monthly salary was indicated as Rs. 3200/ -. All the respondents -claimants being widow and kids of the deceased staked claim for compensation as his dependents. The total amount of claim was quantified at Rs. 13,76,000/ -.
(3.) The claim petition is contested by the appellant -insurer and reply to the claim petition is submitted denying all the averments contained therein. Besides the legal heirs of deceased Bhanwardeen, Anwar ali who was driving the moped also laid a separate claim for compensation on account of injuries suffered by him in the accident. The learned Tribunal consolidated both the claim cases. On the basis of pleadings of rival parties, the learned Tribunal framed in all six issues for determination. For substantiating their claim, respondents -claimants produced two witnesses namely AW -1 Smt. Jebuna and AW -2 Anwar Ali besides documentary evidence. AW -2 Anwar Ali was examined as eyewitness whereas AW -1 Smt. Jebuna testified on oath to prove quantum of compensation. On behalf of appellant -insurer, no evidence was tendered.;