Manak Mohta, J. - (1.) THE instant appeal has been preferred by the claimants against the judgment and Award dt. 17.04.2007 passed by the learned Judge, Motor Accident Claims Tribunal, Rajgarh District Churu in MACT Case No. 88/2005, whereby the learned Court -below has partly allowed the claim petition and awarded compensation in the sum of Rs. 2,02,000/ - in their favour.
(2.) BRIEF facts of this appeal are that on 01.10.2005 at about 10.00 PM deceased Bhalaram @ Ram Prasad and Mohar Singh started on Tractor No. RJ -10 -R/4792 from Rajgarh for Nagal badi. Mohar Singh was driving the Tractor and deceased Bhalaram was sitting on the Tractor. When they reached near Lutana Barrier at Hissar Road, then, one Bus bearing No. RJ - 18P/1160 driven by its driver Sant Ram came behind them and dashed the said Tractor, on account of which, the trolley of the Tractor turtled, Bhalaram fell down and sustained injuries during accident, whereby, Bhalaram @ Ram Prasad died on the spot and Mohar Singh sustained injuries on his person. An FIR of this incident was lodged at Police Station Rajgarh. The police after thorough investigation, filed challan under Sections 279, 337 and 338 IPC against respondent No. 2 -Sant Ram (Driver of the offending Bus). The legal heirs of deceased Bhalaram filed a claim petition for compensation of Rs. 33,38,500 on different heads in the Court of Motor Accident Claims Tribunal, Churu. The respondents No. 2 and 3, owner and driver respectively of the offending Bus filed reply to the claim petition denying all the averments made in the claim petition. Further in the reply it was stated that their Bus was insured with respondent No. 1, thus, if any liability of paying compensation arises, then, the Insurance Company would be responsible.
(3.) IN reply to the claim petition filed by respondent No. 1 -Insurance Company has denied all the averments for want of knowledge. Further stated that the accident took place due to missing of indicator light on the trolley, therefore, the owner and driver of the tractor were responsible for the payment of compensation and prayed that the claim petition may be rejected.;