P.C.JAIN, J. - (1.) THIS appeal, under Section 110 -D of the Motor Vehicles Act, 1939, is directed against the Award dated 4.2.1991 passed by the learned Motor Accidents Claims Tribunal, Balotra whereby the learned Tribunal awarded a sum of Rs. 30,000/ - as compensation to. the claimant -respondent No.l Pemaram on account of the death of his wife.
(2.) THE relevant facts necessary for the disposal of this appeal may briefly be stated as follows: On 28:3.1988, at about 9.00AM, Mst. Manthari was proceeding towards SDOT Road and when she reached near the shop of Makaram Mali, she was fatally hit from behind by Tractor No. RNJ 7154 which was being, driven rashly and negligently by the driver Shaft Mohd, who was working under the employment of respondent No. 2 Pokarram. She was taken to the Hospital in a precarious condition and there she succumbed to her injuries. Claimant Pemaram, who is the son of Mst. Manthari, filed a Claim Petition under Section 410 -A of the Act and claimed compensation to the tune of Rs. 1,16,000/ -. The claim petition was contested by appellant Insurance Company and respondent No. 2 Pokarram, the owner of the Tractor. The respondent No. 2 Pokarram admitted that he was the owner of the vehicle and respondents No. 3 Shafi Mohd. was the driver of the Tractor and he was in his employment at the relevant time. However, he denied that the driver drove the above vehicle rashly and negligently. It was alleged by him that Mst. Manthari was mentally derailed on account of her illness and she herself was involved in the accident which could not have been avoided by the Driver even by using the best of his skill. The appellant Insurance Company also denied the accident and the death of Mst. Manthari for want of knowledge. The claim was specifically resisted on the ground that at the time of the accident, the above vehicle was not insured with the appellant and no valid and legal insurance policy was issued to the owner of the vehicle before the accident took place.
(3.) ON the basis of the pleadings of the parties, the learned Tribunal framed the following Issues, which when translated into English, read as under: 1. Whether non -claimant No. 2 hit Mst. Manthari who was going near the shop of Makaram Mali on 28.3.1988 at 9.00 AM from her behind by driving the Tractor No. RNJ 7154 rashly and negligently, as a result of which, Mst. Manthari sustained head injuries to which she succumbed on the same day? 2. Whether the claimant is entitled to get compensation and if so, to what extent? 3. Whether the above vehicle which was insured with non -claimant No. 3 on 28.3.1988 at 2.15 P.M. was not duly insured at the time of the accident, which occurred on 28.3.1988 at 9.00 AM? 4. Whether non -claimant No. 1 was the real owner of the vehicle and whether non -claimant No. 2 possessed a valid driving licence at the relevant time? 5. Whether deceased Manthari herself hit the vehicle rashly and negligently, as a result of her mental imbalance and what would be its effect on the claim petition? 6. Relief. ;