- (1.) Appellants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'Act') seeking enhancement of compensation determined and awarded by Motor Accident Claims Tribunal, Bikaner (for short, 'Tribunal') by its judgment and award dated 28th of June, 2012.
(2.) By the impugned award, learned Tribunal decided claim petition of the appellants under Section 166 of the Act and awarded compensation to the tune of Rs.4,19,000 under different heads while fastening liability on respondents jointly and severally. The learned Tribunal also awarded interest @6% per annum from the date of filing of the claim petition.
(3.) The facts, apposite for the purpose of this appeal, are that on fateful day of 18th of June 2006, when deceased Sanjay Chalana was coming to Bikaner from Delhi in his car bearing Registration No. RJ-07-C-6318, at about 3:30 PM near village Norangdesar it was hit by truck No. RJ-14-1G-0548 driven at high speed rashiy and negligently by its driver. The accident was so severe that it resulted in crushing of the car as well as Sanjay Chalana on the spot. In the claim petition, it is averred by the appellant-claimants that at the time of accidental death, age of Sanjay Chalana was 38 years and he was earning handsomely. By placing on record requisite documents, including income-tax returns, the appellants quantified total amount of compensation to the tune of Rs.1,41,20,000 under different heads. After issuance of notice, first respondent - driver of the truck, put in appearance but did not file reply to the claim petition, therefore, his right to file reply was forfeited. Second respondent - owner of the truck, contested the claim, wherein he has admitted factum of accident and also acknowledged insurance of the vehicle with third respondent insurance company. The respondent No.3 Insurance Company contested the claim by submitting its detailed reply. In the return, on behalf of insurer a specific objection was raised that the driver of insured vehicle was not having a valid licence at the time of accident. With this plea, the insurer claimed its absolvement from liability to pay compensation by romping in Section 147 and 149 of the Act. That apart, the insurer also alleged in the reply that accident has occurred due to negligence of deceased himself inasmuch as at the time of accident he was driving his own car rashly and negligently violating the traffic rules.;