P.K.LOHRA,J. - (1.) Appellant-claimants have preferred this appeal under section 173 of the Motor Vehicles Act, 1988 (for short, 'Act'), questioning the amount of compensation quantified and awarded by Motor Accident Claims Tribunal, Rajsamand (for short, 'learned Tribunal'), by its judgment and award dated 02.08.2016. Learned Tribunal, by the impugned judgment and award, while adjudicating claim of the appellants under Section 140 read with Section 166 of the Act, has awarded compensation to the tune of Rs. 9,45,000/- under different heads with interest @ 9% per annum.
(2.) The facts, in brief, giving rise to this appeal are that as a consequence of collision of Lalu Ram's motorcycle with dumper bearing No. RJ-30-GA-3887 he succumbed to the injuries. As per version of the appellants, at the time of accident, deceased Lalu Ram was 49 years of age and involved in business of transport. It is specifically pleaded in the claim petition that accident occurred due to rash and negligent driving of the insured vehicle dumper. The claim petition was not contested by owner and driver of the insured vehicle and it is only the respondent-Insurer, who has joined the issue to contest the claim. On the basis of pleadings of rival parties, learned Tribunal framed four issues for determination and the parties led their evidence. On behalf of appellants, two witnesses were examined and 22 documents were exhibited, however, no evidence was tendered by the Insurance Company.
(3.) Learned Tribunal, after considering the evidence and other materials available on record proceeded to decide Issue Nos.1 and 2 simultaneously and both these issues were decided in favour of the appellants. The third issue, which was settled on the basis of objections raised on behalf of Insurer, was decided against Insurer precisely by citing the reason that no evidence is tendered on behalf of it to prove that terms of the insurance policy are violated by the insured.;