VINIT KUMAR MATHUR,J. - (1.) The present appeal and the cross objection are preferred against the order dated 01.12.1999 passed by Motor Accident Claims Tribunal, Barmer in Civil Misc. Case No. 115/97. In SB Civil Misc. Appeal No. 256/2000 appellant has prayed for enhancement of the compensation awarded by the learned Tribunal and by way of S.B. Civil Cross Objection No. 24/2001 the respondents no.1 and 2 in the above said appeal have challenged the order dated 01.12.1999 on the ground that no liability can be fastened on them.
(2.) Briefly the facts giving rise to the present case that on 17.03.1997 deceased Kanaram was traveling in truck no. RJ 04 G 0784 from Dhorimanna to Raiko Ki Dhani, the truck in which deceased Kanaram was traveling overturned near Sanawara (35 kms. from Barmer). Due to this accident, Sh. Kanaram who was in this truck sustained injuries and ultimately died. In these circumstances, the appellants preferred a claim petition before the learned MACT, Barmer for awarding compensation on various grounds.
(3.) In reply to the claim petition while denying the facts of the claim petition, it was submitted by the respondents that the driver was not having a valid licence and since the condition of the policy was being violated by the driver of the truck, therefore, respondent no.3 i.e. Insurance Company is not liable. It was further stated that since the deceased Kanaram was traveling as a passenger in this vehicle, therefore, he is not entitled for any claim from the Insurance Company. Further, the Insurance Company relying on the provisions of Sections 147 and 149 of the Motor Vehicles Act, 1988 have denied any liability. Further, the Insurance Company has also prayed for returning the amount deposited by them for no fault liability under Section 140 of the MV Act.;