CHOTHA RAM Vs. LAL KANWAR

JUDGEMENT

(1.) This civil misc. appeal is directed against the award dated 19.04.2012 passed by Motor Accident Claims Tribunal, Barmer (hereinafter referred to as 'the tribunal') in Civil Misc. Claim Case No.90/2011, whereby the tribunal has directed the appellants to pay compensation of Rs.5,18,000/ - jointly and severally to the respondent Nos.1 to 6 with the interest at the rate of 9% per annum from the date of filing of the claim petition i.e. 30.03.2011.

(2.) The appellants are owner and driver of the vehicle Bolero bearing No.RJ -04 GA 3573 and has filed this appeal while claiming that the tribunal has grossly erred in exonerating the respondent No.7 - Insurance Company from paying the compensation to the respondent Nos.1 to 6 and illegally fastened the liability upon the appellants to pay the said compensation.

(3.) Brief facts of the case are that the respondent Nos.1 to 6 have filed a claim petition before the tribunal while claiming that on 06.02.2011 at about 04:00 PM, deceased Shaitan Singh, who was working as a cleaner on the vehicle Bolero No.RJ -04 GA 3573 owned by the appellant No.1 ­ Chotha Ram, was travelling along with Jai Singh and Chanan Singh, while going towards Balotra then on account of rash and negligent driving of the driver of the vehicle i.e. appellant No.2 ­ Rajendra Kumar it turned turtle and deceased Shaitan Singh received serious injuries and on account of that he died on spot. It is claimed that the vehicle Bolero No.RJ -04 GA 3573 owned by the appellant No.1 and driven by the appellant No.2 was insured with the respondent No.7 ­ Insurance Company and as the accident occurred on account of rash and negligent driving by the appellant No.2 adequate compensation be awarded to the claimants for the death of Shaitan Singh.