GOVERDHAN BARDHAR,J. - (1.) The instant Civil Misc. Appeal has been filed by the claimants/appellants under section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation awarded by the learned Motor Accidents Claims Tribunal, Rajsamand (for short 'the Tribunal') vide impugned judgment and award dated 22.01.2001 passed in Civil Misc. (MACT) case No. 327/1998 whereby compensation in the sum of Rs. 2,00,000/- has been awarded in favour of the claimants/appellants.
(2.) Briefly stated facts of the case are that on 29.10.1993 deceased Kailash Chandra along with Radheyshyam were going to Kelwa on scooter. When they reached near Pasund, a Truck No. RJ 17/G 0075 coming from opposite side, while overtaking another truck came on wrong side and hit the scooter of the deceased Kailash Chandra as a result of which Kailash Chandra and Radheyshyam sustained certain grievous and simple injuries and during treatment Kailash Chandra died. In the claim petition, it was pleaded that the accident was occurred due to the negligence truck driver.
(3.) Respondent No. 3-Insurance Company filed its reply denying the contents of the claim petition and submitted that the accident was not occurred due to the negligence of the truck driver whereas it was occurred due to the negligence of the scooter rider Radheyshyam. At the time of accident, truck driver did not have the valid driving licence. Thus the respondent No. 3 Insurance Company is not at all liable to make payment of compensation and prayed for dismissal of the claim petition.;