Manak Mohta, J. - (1.) The instant appeal has been preferred by the appellant-Insurance Company against the judgment and Award dt. 13.01.2006 passed by the Judge, Motor Accident Claims Tribunal (First), Jodhpur (in short "the Tribunal") in Claim Case No. 272/2005 whereby the learned Tribunal has awarded compensation to the tune of Rs. 74,880/- in favour of the injured-claimant and has held the Insurance Company solely responsible to pay the entire amount of compensation.
(2.) Briefly stated the facts of the case are that the claimant-Jethu Singh (injured), who works driver of an insured jeep No. RJ-19T-3617, filed a claim petition on 04.04.2005 before the learned Tribunal under Sec. 163-A of M.V. Act, 1988 stating therein that on 20.10.2004 in the morning at about 8.30 AM while he was driving his jeep on Ramdeora-Phalodi road and was going at a slow speed and in his correct direction, no sooner he reached near the 'Dhani of Narayansingh' and near the fields of Chatur Singh on the culvert, a truck came from the opposite side in a high speed, dashed his jeep on account of which, the jeep dashed with the wall of the bridge and got overturned and he got pressed beneath the overturned jeep. At that time, Hati Singh and Rewant Singh, who too were coming from the side of Phalodi, rescued by immediately taking him to Government Hospital, Pokaran. In the said accident, the claimant sustained injury on his right thigh, head and chest. He received fracture on his right leg. For further treatment the injured was referred to Mahatma Gandhi Hospital, Jodhpur. The claimant has stated himself to be aged 27 years and was getting salary of Rs. 3,500/- per month, plus an allowance of Rs. 50/- per day for driving the aforesaid jeep at the time of accident. Thus, his total income was stated to be Rs. 5000/- per month. It was further stated that due to this accident he suffered heavy monetary loss and permanent disability of body. A claim of Rs. 70,000/- was made on different heads.
(3.) After issuance of notices of claim petition, the owner (respondent No. 1 in the claim petition) appeared through his counsel and submitted his reply and stated that at the time of the accident, the claimant as a driver was driving the said vehicle. It was stated that he was having driving licence; further he admitted the accident but it was submitted that the jeep was insured with respondent No. 2, as such, if any liability to pay any compensation arises, then the entire responsibility is of the Insurance Company.;