GOVERDHAN BARDHAR,J. - (1.) The instant civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the claimants/appellants for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Jaitaran, District Pali (for short 'the Tribunal') vide impugned judgment and award dated 13.07.2011 passed in Claim Case No. 67/2009, whereby compensation in the sum of Rs. 3,30,000/- has been awarded in favour of the claimants/appellants.
(2.) Succinctly stated, the facts of the case are that the claimants/appellants filed a claim petition before MACT, Jaitaran, Pali against the respondents claiming compensation for a sum of Rs. 40,00,000/- on account of death of Ghasiram. In the claim petition it was stated that on 01.03.2009 at about 10:45 am deceased Ghasiram was going on feet on Bangad Cement Plant Road. At that time, a truck bearing registration No. RJ-01-G-5796 being driven by its driver rashly and negligently and from back tyre of khalasi side passed over Ghasiram as a result of which Ghasiram died on the spot.
(3.) Respondent Nos. 1 and 2 filed their reply stating that no accident took place by their vehicle on alleged date. Vehicle of the answering respondents falsely implicated in this case. At the time of accident, the vehicle was fully insured with the respondent No. 3-Insurance Company and therefore, the respondent No. 3 is liable to make payment of compensation.;