ARUN BHANSALI,J. - (1.) These appeals are directed against the judgment and award dated 08.03.2018 passed by the Motor Accident Claims Tribunal, Salumber, District Udaipur ('the Tribunal'), whereby the Tribunal has awarded a sum of Rs. 1,16,800/- and Rs. 1,07,200/- respectively as compensation to the claimants alongwith interest @ 9% p.a. from the date of filing of applications.
(2.) The applications for compensation were filed by the claimants-Bharat Singh and Smt. Bhuri Bai W/o Shri Bharat Singh with the averments that on 01.09.2013 at about 6:30 p.m., Bharat Singh alongwith Smt. Bhuri Bai was riding on the motorcycle, when a TAVERA being driven negligently by its driver collided with the motor-cycle, which resulted in simple and grievous injuries to both the claimants, they were treated at Mewar Hospital, Udaipur. It was claimed that on account of injuries suffered, the claimants were not able to work properly, resulting in loss of income to them. Based on the averments, compensation to the tune of Rs. 11,60,000/- and Rs. 8,52,000/- respectively was claimed.
(3.) The applications were contested by the driver-owner of the vehicle denying any rash and negligent driving on his part and alleged that the accident occurred on account of negligence of the claimant - Bharat Singh, for which he himself was responsible. It was claimed that the driver had valid driving licence and the vehicle was insured and therefore, the insurance company was liable to make payment of compensation.;