Manak Mohta, J. - (1.) THIS appeal has been filed by the Insurance Company against the judgment and award dt. 26.09.1995 passed by the learned Judge, Motor Accident Claims Tribunal, Balotra (in short 'the Tribunal') in Claim Case No. 107/93 whereby the learned Judge has allowed the claim petition and has awarded compensation of Rs. 1,65,000/ - with interst @ 12% per annum in favour of the claimants.
(2.) BRIEFLY stated the facts of the case are that Smt. Phoosi wife and children of deceased -Ganesha Ram filed a claim petition before the learned Tribunal under Section 165 and 166 of M.V. Act stating therein that on 31.08.1993 Pratap Ram, Ganesha Ram, Kana Ram and Chhelu Singh all residents of Village Dakha were going in two camal -carts to Balotra for bringing 'chara' (animal food). In the night at about 8 'O clock when they reached at 'Ostara Fanta'(in front of F.C.I. Godown), a Jonga Jeep bearing Regn.No.RJ -04C -0007 which was alleged to be driven by Nema Ram (non -claimant No. 1) in a rash and negligent manner, came from behind and dashed with the camal carts, as a result of which, Kana Ram and Chhail Singh received injuries, Ganesha Ram became unconscious and both the camal carts broke and the camels too got injured in the accident. Initially the injured were rushed to Balotra Hospital and later on since Ganesha Ram 's condition was critical, he was referred to M.G. Hospital, Jodhpur where he succumbed to his injuries on 01.09.1994. The police after investigation of report, filed challan against Nema Ram for the offence under Sections 279 and 337 I.P.C. As per claim petition, non -claimant No. 1, 2, 3 and 4 are the driver, owners and insurer respectively of the Jeep Jonga. As many as four claim petitions came to be filed before the learned Tribunal arising from the same accident, which, in due course of time came to be decided vide common judgment and award dt. 26.09.1995. The claimants claimed a total compensation of Rs. 10,30,000/ - compensation on various heads for the untimely death of Ganesha Ram in the road accident.
(3.) IN reply, the non -claimants No. 1 denied the averments made in the claim petition and stated that at the time of accident, the offending Jeep Jonga was being driven by vehicle -owner Sumermal (non -claimant No. 3). Both the owners of Jeep Jonga -non -claimants No. 2 and 3 denied the averments made in the claim petition and stated that the amount claimed was on higher side and it was prayed that the claim petition may be dismissed.;