ARUN BHANSALI,J. - (1.) This appeal filed by the Insurance Company is directed against the judgment and award dated 07.09.2000 passed by the Motor Accident Claims Tribunal, Pali ('the Tribunal'), whereby the Tribunal has awarded a sum of Rs. 2,96,000/- along with interest @ 12% per annum from the date of application i.e. 28.05.1993 and the Insurance Company has been held liable for making payment of amount of compensation.
(2.) Application for compensation was filed by the claimants, inter alia, with the averments that one Suraj Singh was travelling in Truck No. RNN-195 and when the Truck was crossing a Nala, on account of rash and negligent driving by the driver of the Truck, who applied breaks suddenly, the gate of the Truck opened and Suraj Singh fell out from the Truck, resulting in, injury to his head and during treatment he succumbed to the said injury. Based on the said averments, compensation to the tune of Rs. 14,57,500/- was claimed.
(3.) The application was contested by the driver, owner and the Insurer of the Truck. While the driver denied the fact of accident, the Insurer denied its liability, inter alia, alleging violation of policy conditions as the driver was not in possession of valid driving licence.;