Manak Mohta, J. - (1.) This appeal has filed by the Insurance Company against the judgment and award dated 26.7.1995 passed by the learned Judge, Motor Accident Claims Tribunal, Jaisalmer in MACT Case No.43/91 whereby the learned Judge has allowed the claim petition and awarded compensation in favour of claimants while holding the Insurance Company liable for the payment of compensation and has awarded a total compensation of Rs.2,38,000/- plus interest @ 12% per annum from the date of filing the application i.e. 3.11.1990.
(2.) Briefly stated the facts giving rise to filing of this appeal are that, a claim petition was preferred by claimants (husband and children of deceased-Smt.Timo) before the Motor Accident Claims Tribunal, Jaisalmer (in short 'the Tribunal') under Section 166 of the M.V. Act, 1988 read with Section 2 of the Rajasthan Accident Claims Tribunal Rules for awarding compensation for the untimely death of Smt. Timo in motor accident. As per the claim petition on 8.5.1990 the deceased Smt. Timo alongwith her husband-Uma Ram and two sons, namely, Jogram and Sagra Ram (in all four) were going on foot from village Sonu and on the way they took lift from truck No.RJM- 1371, which was being driven by Babu Singh (respondent No.3) and they sat in the cabin of truck. When the said truck reached near village Mokala on the Ramgarh-Jaisalmer road, it dashed with truck No.RJC-2881 which was going ahead of it and abruptly applied brake without giving signal and caused accident. In the said accident, Smt. Timo got badly crushed inside the cabin, claimant-Uma Ram sustained injury on his knee and the two children also suffered injuries. It was stated in the claim petition that Smt. Timo was aged 26 years and was earning Rs.27/- per day by doing labour. The police after investigation, filed challan against the driver-Babu Lal. The claimants claimed a total of Rs.4,31,800/- as compensation on various heads.
(3.) In reply, the non-claimants No.1 and 3, who are the owner and driver respectively of truck No.RJM-1371 took a stand that the driver of truck was not at fault for causing accident. Further, the amount claimed by way of claim petition was also stated to be exorbitant. Thus, it was prayed that the claim petition may be dismissed.;