Manak Mohta, J. - (1.) The instant appeal has been preferred by the claimants against the judgment and award dated 20.8.2002 passed by the Judge, Motor Accident Claims Tribunal, Rajgarh (Churu) in Claim Case No.08/2000 whereby the learned Tribunal has dismissed the claim petition filed by the claimants.
(2.) The facts of the case, in brief, are that on 30.11.1999 at about at 9.00 a.m., deceased-Jai Singh (driver) alongwith cleaner-Balwan Singh were coming from Pune to Delhi after getting the boxes of medicines loaded in truck No.HR-39-7204 which was being driven by its driver Jai Singh carefully and at a normal speed, however, when the said truck reached on Mumbai- Agra Highway near Culvert No.SD 376/3K, the truck turned turtled due to alleged mechanical fault in steering of truck. It was stated in claim petition that the said truck was new one and had been purchased only in the month of August, 1999 and the service of truck was due much prior to the date of happening of accident but the same was not got done by its registered owner (respondent No.2) despite reminding him several times by the driver and because of that, it was alleged that a technical fault has developed in the truck, due to which, the steering of truck became free and the driver lost control over the vehicle. In the said accident, Jai Singh lost his life and Balwan Singh sustained injuries. Jai Singh was stated to be aged 40 years (ex-army man) and was being paid Rs.6,500/- per month as salary (Rs.5000/- plus expenses Rs.1,500/- @ Rs. 50 per day).
(3.) The legal heirs of deceased driver-Jai Singh submitted a claim petition before the Motor Accident Claims Tribunal, Rajgarh (Churu) on 18.3.2000 under Section 166 of the M.V. Act for awarding adequate compensation for the untimely death of Jai Singh in a road accident.;