ARUN BHANSALI,J. - (1.) These appeals filed by the appellant-Insurance Company as well as cross-objections filed by the claimant-Gaurav Giri, are directed against the judgment and award dated 07.04.2016 passed by the Motor Accident Claims Tribunal, Rajsamand ('the Tribunal'), whereby the Tribunal has awarded various amounts of compensation to the claimants on account of injuries suffered by them.
(2.) The applications for compensation were filed by the three claimants with the averments that on 13.11.2014 at about 5 p.m., all the three claimants were riding on a motor cycle and were travelling from Dabok to Kankroli, when the insured vehicle-tempo being driven rashly and negligently by its driver came on the wrong side of the road, struck the motor cycle head on, resulting in, all the three claimants suffering grievous injuries. Based on the said allegations, various amounts of compensation were sought by the claimants.
(3.) The applications were contested by the Insurance Company, inter alia, with the averments that as the driver of the tempo was not in possession of valid driving licence, the Insurance Company for violation of policy conditions cannot be held liable. Further contentions were raised that as three persons were riding on the motor cycle in violation of section 128 of the Motor Vehicles Act, 1988 ('the Act'), the driver of the motor cycle had contributed to the accident and, therefore, the Insurance Company cannot be held liable for making payment of the amount of compensation.;