NIJRO Vs. IDRISH

JUDGEMENT

(1.) Appellants herein, inter-alia, seek enhancement of the compensation awarded vide the judgment/order dtd. 11/2/2012 passed by the learned Motor Accident Claims Tribunal (MACT), Jodhpur, in MAC Case No.540/2009, whereby a compensation of Rs.9,53,803.00 has been awarded in favour of the appellants-claimants against respondents No. 1, 2 and 3 with interest @ 8.5% from the date of submission of claim application i.e. 4/9/2009 till payment.

(2.) The brief facts as noted by the learned MACT are that on 29/1/2009, Shambhuram and Gaydram were travelling in Jeep No. R.J.19-TA-0249 driven by Bhawani Singh respondent No.4 from Balesar towards Sekhala. Shambhuram was sitting in the rear portion of the jeep and Bhawani Singh was driving it. When they reached near Raju Singh's hotel situated in Sarhad 54 Mile Ketu Jawahar Singh Nagar on the general road going from Balesar towards Dechu at 06.00 P.M., a truck number R.J.07-G-5158, driven by its driver, Respondent no.1 Idrish, came from behind at a high speed and carelessly. By it's rash and negligent driving, respondent no.1 Idrish hit the truck against the jeep of Bhawani Singh from behind and caused the accident. As a result, Shambhuram suffered numerous injuries and succumbed to the same while undergoing treatment in the hospital. FIR no.11 was registered in Police Station Balesar on 30/1/2009. During police investigation, the driver of the vehicle no. R.J. 07-G-5158 Idrish, respondent no.1 was held responsible for this accident and a charge sheet was presented for prosecution under Sec. 279, 337, 304 (A) of the Indian Penal Code.

(3.) Respondent No.3, the insurer of the truck denied most of the facts mentioned in the claim petition for lack of knowledge but accepted that the truck in question had been insured with it for the period from 30/11/2008 to 29/11/2009. However, the insured did not inform them about the alleged accident. If their liability is accepted, their contribution will be limited to the contributory extent.