NATIONAL INSURANCE CO LTD Vs. SURYA & OTHERS

JUDGEMENT

(1.) This is an appeal under Section 173 of the Motor Vehicles Act against the judgment and award dated 17.02.2012 passed by the Judge, Motor Accident Claims Tribunal, Banswara, vide which, a compensation of Rs.12,50,500/- has been awarded.

(2.) The facts giving rise to this appeal are that on 07.07.2010, while deceased Laxman after selling the vegetables was coming on his Motorcycle No.RJ-03-SC- 1559 from Banswara towards his village Kohala ki Dhani one Swaraz Mazda Bus bearing No. RJ03FA0024 driven by respondent-Shanilal came from the front direction and hit the motorcycle. As a result of the said accident Laxman succumbed to injuries.

(3.) The respondent-claimants filed a claim petition against the present-appellant and other respondent-non-claimants before the learned Motor Accident Claim Tribunal, Banswara under Section 166 of the Motor Vehicles Act, 1988.