A.K.MATHUR, J. - (1.) THIS is an appeal against the award given by the Motor Vehicles Accident claims Tribunal, Udaipur dt. 7 -8 -82 in the claim case No. 73/79, whereby claim petition of the claimant has been dismissed.
(2.) AGGRIEVED against this award dt. 7 -8 -82, claimants have filed the present appeal under Section 100 -D, Motor Vehicles Act (herein -after referred as to 'The Act'). Brief facts giving rise to this appeal arc that on 31.1.79 on Batewar Mangalwar Road, one vehicle No. R.S.M. 1387 whose owner was Guru Bux Singh and the same was being driven by Kishan Lal over run deceased Naru and thereafter it struck against the tree. Thus, it is alleged that the vehicle was driven in rash and negligent manner by the driver. Deceased Naru died on the spot itself. Naru was aged 40 years and spending 5,00/ - rupees on the family. Therefore, claim of Rs. one lakh for the loss of the income and one Lakh for the mental agony i.e. two Lakh was filed before the Tribunal by heir of deceased. The vehicle was insured with the National Insurance Company Limited Bapu Bazar, Udaipur. claim was contested by non claimants No. 1 and No. 2 as well as by non claimant Insurance Company No. 3. It was alleged that the vehicle was not driven in rash and negligent manner but because of the mechanical failure, the vehicle turned towards the field and in incidentally ran over the deceased. The Insurance Company supported the Non -claimants i.e. owner and driver of the vehicle. It further submitted that in view of stand taken by non claimant No. 1 and No. 2 that the. vehicle was not run in a rash and negligent manner therefore, Company is not liable to indemnify the claimant.
(3.) ON the basis of the pleadings of the parties, two issues were framed.;