DINESH MAHESHWARI,J. - (1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 ('the Act of 1988V'the new Act') has been preferred by the insurer of the vehicle involved in accident against the award dated 30.01.1993 made by the Motor Accidents Claims Tribunal, Balotra in Claim Case No. 1/1990 essentially contending on its limited liability; and also questioning the quantum of compensation awarded by the Tribunal, in the sum of Rs. 5,25,000/ -, to the wife and parents of 22 years' old accident victim Sanjay Kumar alias Khem Chand.
(2.) BRIEF facts relevant for determination of the questions involved in this appeal are that on 24.07.1989 at about 4.30 p.m., the victim Sanjay Kumar with his wife Smt. Shilpa (claimant No. 1), his friend Mahendra Kumar, and friend's wife Smt. Rekha while travelling in a Maruti car bearing registration No. RJW 7281 and returning back from their pilgrimage to Nakoda met with the accident near Parasdham on Balotra -Nakoda route for head -on collision of the car and a Jonga van bearing registration No. RJC 5129, driven by the nonapplicant No. 1 Sabir Khan, belonging to the non -applicant No. 2 Mohammed Salim, and insured with the non -applicant No. 3 United India Insurance Company Limited (appellant). As a result of the accident, the occupants of Maruti car and so also the occupants of Jonga van sustained varying injuries; and Sanjay Kumar succumbed on the way to hospital. Narrating the incident aforesaid and attributing it to rash and negligent driving of Jonga, the wife and parents of the victim Sanjay Kumar made the claim for compensation and for quantification pointed out that deceased was a healthy person in 22 years of age and had married to the claimant No. 1 on 12.07.1989, just 12 days before the accident; that he was serving with M/s. Poonamchand M. Shah at Hubli earning Rs. 8,500/ - per annum in salary; that he was further earning Rs. 15,000/ - per annum from his own business; that the deceased had the potential to establish himself as a businessman and an industrialist; that he had purchased a shop in the main market at Surat and was to start his independent cloths business but all the dreams were shattered with this accident; that the deceased was contributing Rs. 20,000/ - per annum to the family from out of the present income and was likely to contribute about Rs. 40,000/ - in future. It was also averred that in the accident the claimant No. 1 Shilpa sustained grievous injuries on her person, she was treated at several places, and was still under treatment; that she has been under trauma, pain and sufferings and substantial expenditure has already been incurred on her treatment. The claimants submitted that due to sudden demise of Sanjay Kumar, his parents have suffered shock and unbearable agony and the entire future of the claimant No. 1 darkened with her being widowed just 12 days after her marriage. The claimants sought compensation, in all in the sum of Rs. 36,70,000/ -.
(3.) CLAIM for compensation was put to contention by the non - applicants Nos. 1 and 2 on the submissions, inter alia, that the accident did not occur for any negligence on the part of Jonga driver and liability for compensation, if any, was that of the Insurance Company.;