Manak Mohta, J. - (1.) This appeal is directed by the claimant against the Judgment and Award dated 30.10.1991 passed by the learned Judge, Motor Accident Claims Tribunal, Dungarpur in MACT Case No.50 of 1987 whereby the learned Tribunal has allowed the claim petition and has awarded a total sum of Rs. 1,48,000/- plus interest @ 12% per annum as compensation in favour of the claimants.
(2.) Brief facts of this case, are that on 24.3.1987, while deceased Rayees Khan was driving the Jeep bearing No. RRT 7250 was going from Udaipur to Dungarpur. At that time, a Truck bearing No. RJJ 405 was coming from opposite side. The said Truck was being driven by its driver (respondent No.1) in a rash and negligent manner at a high speed. It was further stated that near Dungarpur Railway Station, the said Truck hit the jeep, on account of which, the deceased sustained several injuries, resulting into death during treatment in hospital on 25.3.1987. A report of this incident was registered at police station. It was submitted that the police after usual investigation, filed challan against the driver of the offending truck. It was further submitted that at the time of accident, the deceased was of 30 years old and he was driver and was earning Rs. 1200/- per month as a salary. The entire family was dependent on his income. All appellants are sons and daughter of the deceased. His wife has also expired just after the occurrence of the said accident. It is alleged that due to untimely death of the deceased in accident, the appellants suffered a huge monetary loss and also deprived of love and affection. They filed a Claim Petition for awarding compensation of Rs. 3,22,000/- in the Motor Accident Claims Tribunal, Dungarpur. Initiallly, the claim petition was filed by the widow, minor sons and daughter of the deceased but thereafter the widow herself died, therefore, her name was struck off from array of the claimants and other minor claimants were represented by their Natural Guardian-Ishaq Khan s/o Niyaz Khan r/o Dungarpur. Now by the time, they all become major.
(3.) joint reply to the claim petition was filed by the driver and the owner of the Truck stating therein that the accident was occurred due to rash and negligent driving of the said jeep, hence, they are not responsible for any compensation. In reply, it was also stated that the concerned truck is insured with the Oriental Insurance Company Ltd. The Insurance Company also filed reply on the same line and denied its liability for the payment of compensation. In alternative, it was also submitted that their liability is limited. Further it was also submitted that as the accident involved of two vehicles, therefore, it is a case of composite negligence. Thus, if any objection arises for compensation, it should be proportionate accordingly.;