Manak Mohta, J. - (1.) The instant appeal has been preferred by the claimants against the judgment and award dt. 24.5.2004 passed by the Judge, Motor Accident Claims Tribunal Banner in Claims Case No. 25/1999 whereby the learned Tribunal has dismissed the claim petition filed by the claimants.
(2.) The facts of the case, in brief are that on 30.09.1998 deceased Junjaram left his village Kitnoriya for village Sanavra at Barmer to see his materials residing there. At about 05.00 PM, while he was going from Sanavra bus-stand to the house of his uncle Rekharam and was walking at the left side of the tarred road, a truck bearing No. WB-37/4580, which was rashly and negligently driven by Jagdev Singh @ Jagbeer Singh, respondent No. 1 hit the deceased Junjaram, further more, fro was dragged by the said truck for about 15ft ahead on the road, as a result of which he died on the spot. The report of this incident was lodged at Police Station, Sadar Banner, after investigation, respondent No. 1 driver of the Truck Jagdev Singh was found responsible for committing accident and for causing death of Junja Ram. A charge sheet was filed against him in the Court. It was stated that Jagdev Singh, respondent No. 1, was the driver as well as was the owner of the truck and the said truck was insured with the Oriental Insurance Company Ltd., Jodhpur respondent No.2.
(3.) The legal representatives, being father and mother of deceased Junjaram further staled in claim petition that at the time of accident he was 14 years old and was earning Rs. 1800/- per month, the claimants wore used to ho benefited by his income but due to untimely death they suffered a lose of income as well as mental shock. They submitted a claim petition before the Motor Accident Claims Tribunal, Banner on 07.02.1999 under Sec. 166 of the M.V. Act for awarding Rs. 8,28,000/- as compensation on various heads, for the untimely death of Junja Ram in the road accident stating both the respondents responsible for payment of compensation. The claimants also placed certified copies of challan papers filed against respondent No.1. They also filed certified copies of the driving licence of the Truck driver as well as the copy of the insurance cover note of truck issued by respondent No. 2, along with claim petition.;