NEW INDIA ASSURANCE COMPANY LTD. Vs. DAKHU

JUDGEMENT

(1.) The Insurance Company (non-claimant No.3) and claimants, both have filed these misc. appeals under Sec. 173 of the M.V. Act, 1988 (Act) challenging the judgment and award dtd. 11/12/2015 passed by learned Judge, Motor Accident Claims Tribunal, Rajsamand ('Tribunal') in MAC Case No.356/2013, whereby the learned Tribunal has awarded compensation in favour of claimants to tune of Rs.6,24,000.00 along with interest @ 9% per annum from the date of filing the claim petition i.e. 28/10/2013. All the non-claimants were held jointly and severally liable to pay the compensation to the claimants.

(2.) Briefly stated, the facts of the case are that the claimants, who are sister and elder brother of deceased Nathulal, preferred claim petition under Sec. 166 of the Act claiming compensation of Rs.24,00,000.00 on account of untimely death of Nathulal. In the claim petition it was stated that on 12/10/2013 at about 09:00 pm, Nathulal after fetching water was coming to his home, near National High Hotel, he was hit from behind by offending Truck bearing registration number GJ-18-T-9132, coming from Kamlighat, on account of rash and negligent driving of its driver. As a result of which, Nathulal died on the spot.

(3.) Despite service of summons of the claim petition upon non-claimants No. 1 and 2, nobody appeared on their behalf and, therefore, exparte proceedings were drawn against them. No reply to claim petition was filed by non-claimant No.4.