NEW INDIA ASSURANCE COMPANY LTD. Vs. INDUBALA RATHORE

JUDGEMENT

(1.) The instant civil misc. appeal no. 1042/2017 has been preferred by the appellant/Insurance Company under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter as 'the Act') assailing the judgment and award dtd. 18/1/2017 (hereinafter as 'the impugned award') passed by learned Judge, Motor Accident Claims Tribunal, Pali (hereinafter as 'the learned Tribunal') in MAC Case No. 76/2017 whereby the learned Tribunal partly allowed the claim petition filed by the appellant/claimants under Sec. 166 of the MV Act and awarded compensation of Rs.39,02,085.00, in favour of respondent/claimants along with interest @ 9% p.a. from the date of filing the claim petition, while fastening the liability upon the respondent no.7/owner and respondent no.6/driver along with the appellant/Insurance Company, jointly and severally.

(2.) Briefly stated the facts of the case are that on 8/9/2014, Sikandar Khan, Gopilal@Goparam, Mahaveer Singh and Bharat Mehta were travelling in the car bearing registration no. RJ19 temperory 183688, which was being driven by Bharat Mehta (hereinafter as 'the driver of the car'), (hereinafter as 'the car') from Balotara to Loonkaransar and at around 7:00 AM- 7:30AM the truck-trolla bearing registration no. GJ12AT9222 (hereinafter as 'the offending vehicle'), which was being driven rashly and negligently by respondent no.6/driver came from the opposite side and dashed into the car.

(3.) As a result of the accident all the four persons travelling in the car died on the spot. The FIR no. 86/2014 (Ex.4) was lodged and the police after investigation filed chargesheet (Ex.2) against the respondent no.6/driver under Sec. 279,304A, IPC. Subsequently, the MAC case no. 76/2015 was filed by the respondent/claimants under Sec. 166 of the Act claiming compensation on account of the death of Mahaveer Singh (hereinafter as the deceased) before the learned tribunal.