- (1.) This appeal has been preferred by appellant Padam Kumar Sharma, owner of the offending vehicle challenging the judgment and award dated 2nd December, 2004 passed by the Motor Accident Claims Tribunal & Addl. District Judge (Fast Track) No.6, Jaipur City, Jaipur (hereinafter referred to as 'the Tribunal') in Claim Petition No.511/2004 and with an alternative prayer to reverse the finding of the learned Tribunal on issue No.3 regarding liberty to the insurance company to recover the amount of compensation paid to the claimants respondents from the appellant.
(2.) On dated September 7, 2000 at about 3.30 in the morning the deceased Jagdish was driving jeep No. RJ-14- 1C-0197 and while it was going to Banskho from Nai Nath it turned turtle causing death of Jagdish and injuries to Gajendra Meena, Ram Narayan, Ramphool and Mukesh. As many as five claim petitions were filed, which were allowed by the Tribunal by the impugned award and compensation has been awarded as per the award.
(3.) Heard learned counsel for the parties.;