INDRAWATI Vs. SHRIRAM GENERAL INS. CO.

JUDGEMENT

(1.) The present misc. appeal has been filed under Sec. 173 of the Motor Vehicles Act, 1988 ('MV Act') by the appellants/claimants, assailing the award and judgment passed by the Motor Accident Claims Tribunal, Rajgarh, District Churu, ('Tribunal') vide order dtd. 6/3/2012, whereby the application under Sec. 166 of the MV Act, filed by the appellants/claimants has been dismissed. Alternatively, the appellants have also sought to remit the matter back to the learned Tribunal which may be directed to pass an order in the light of the evidence available on record.

(2.) Briefly stated, the facts of the case are that, on 22/3/2010, Surajmal and Ramesh along with others were going from Hisar to Salasar and en route, a Tata Sapisio with registration no. RJ-18-U2048 hit Surajmal in the back, while he was walking on the side of the road, due to which he died and Ramesh sustained grievous injuries. Thereafter, the appellants registered an FIR and the Police filed chargesheet against respondent no. 2, driver of the offending vehicle under Sec. 279, 337, 338 and 304A of the Indian Penal Code, 1860. The appellants filed the claim petition claiming compensation of Rs.70,76,000.00 before the Learned Tribunal under Sec. 166 of the MV Act. In its reply to the claim petition, respondent no. 1 insurance company averred that FIR was registered against an unknown vehicle and therefore, there was no fault on the part of the insured vehicle driver, respondent no.2 and the insurance company.

(3.) The learned Tribunal framed 5 issues including relief, which are as follows: