Manak Mohta, J. - (1.) THIS appeal is directed against the judgment and Award dt. 30.08.1995 passed by the Judge, Motor Accident Claims Tribunal, Nimbahera in MACT Case No. 109/92 whereby the learned Tribunal has allowed the claim petition and has awarded a compensation of Rs. 6,85,200/ - plus interest @ 12% per annum from the date of filing of the claim petition i.e. 23.10.1992 in favour of claimants/respondents Nos. 1 to 6 and against the non -claimant No. 2 and 3.
(2.) BRIEFLY stated the facts of the case are that a claim petition was filed by the claimants/respondents No. 1 to 6 alleging therein that on 01.05.1992 at about 6 'O clock in the morning an accident took place between two trucks nearly one Km away from Mangalwad Crossing. At the time of accident, Shivnath Singh (deceased) was travelling in truck No. RSH -7055. He was aged 28 years and was engaged in the business of selling water pumping set, spare parts etc. at Malgalwad Crossing in the name of M/s. Shiv Traders. It was further stated in the claim petition that the deceased was the only son of his parents. The truck No. RSH -7055 in which the deceased was travelling was being plied at a very low speed and was being driven in left side of road. At that time, Truck No. RNE -5303 was being driven by non -claimant No. 1, which was coming from opposite side in a rash, negligent way and in a high speed after overtaking one another truck, hit truck No. RSH -7055 as a result whereof the deceased sustained injuries and finally succumbed to the injuries. It was further stated that the deceased was earning Rs. 5000/ - per month and out of that, Rs. 3000/ - was being spent in favour of the claimants who were dependent upon him. Thus, a sum of Rs. 16,22,500/ - alongwith interest at the rate of 18% per annum was claimed as compensation on count of untimely death of Shivnath Singh under different heads. The non -claimant No. 1, driver of the offending truck did not appeal before the Tribunal, as such, ex -parte proceedings were directed to be made against him.
(3.) NON -claimant No. 2 i.e. the owner of truck filed reply stating therein that her truck was insured with the Appellant -Company. She fastened the entire liability on the Insurance Company and denied the allegation of negligence on the driver of her truck. It was contended that the accident took place on account of negligence of driver of Truck No. RSH -7055 in which the deceased was travelling.;