ARUN BHANSALI,J. - (1.) This appeal is directed against the judgment and award dated 07.08.2002 passed by the Motor Accident Claims Tribunal, Pali ('the Tribunal'), whereby the Tribunal has awarded a sum of Rs. 3,35,000/- as compensation to the claimants and has held the driver-owner Hari Krishan and the United India Insurance Company Limited liable for payment of compensation and exonerated Naresh Kumar and the New India Assurance Company Limited.
(2.) The application for compensation was filed by wife, children and parents of one Shravan Singh with the averments that on 10.10.2000 at around 7 pm, Shravan Singh along with his friends was going from Marwar Junction to Ahuva in a Jeep, which was being driven by Naresh Kumar, when the offending Jeep, which was being driven by Hari Krishan rashly and negligently came from the opposite direction and struck the Jeep, resulting in, the Jeep turning turtle and Shravan Singh and other persons suffering injuries. Shravan Singh succumbed to the injuries. It was claimed that the deceased was working as Manager with Shiv Shakti Kithyawad Hotel, Badarada, District - Rajsamand and was being paid salary of Rs. 4,100/- per month. Based on the said averments, a compensation to the tune of Rs. 24,77,900/- was claimed.
(3.) The application was resisted by owner of the offending Jeep and the Insurance Company. While the owner submitted that the accident occurred on account of rash and negligent driving by the driver of the opposite Jeep, in which Shravan Singh was travelling, the Insurance Company disputed its liability on various grounds.;