GOVERDHAN BARDHAR,J. - (1.) The instant civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant-Insurance Company against the judgment and award dated 28.10.1996 passed by the Motor Accident Claims Tribunal, Udaipur (for short 'the Tribunal') in Claim Case No. 355/1995, whereby compensation in the sum of Rs.1,58,600/- has been awarded in favour of the claimants/respondents to be paid by the appellant- Insurance Company jointly and severally.
(2.) Briefly stated the facts of the case are that the deceased Poonam Chand was employed as cleaner on Truck No. HR-26- 6265. On 07.06.1993 along with driver of the aforesaid truck, Poonam Chand was going from Khorwada to Udaipur. Due to the rash and negligent driving, an accident was took place near village Barapala on Udaipur Ahemedabad Road of the aforesaid Truck with Truck No. GJ-9-T-4434. In the said accident, Poonam Chand sustained grievous injuries and consequent to which he died.
(3.) The respondent-owner filed reply to the claim petition denying the contents of the claim petition and stated that the offending vehicle is insured with the appellant-Insurance Company, therefore, the liability to make payment of compensation is of the appellant-Insurance Company.;