NATIONAL INSURANCE COMPANY LTD. Vs. JAI SINGH

JUDGEMENT

(1.) This appeal has been filed by the appellant-Insurance Company (for short 'appellant') under Sec. 173 of Motor Vehicle Act, 1988 against the impugned judgment and award dtd. 7/10/2003, passed by the learned Motor Accident Claim Tribunal, Ajmer (for short 'Tribunal') in Claim Petition No.601/1999, whereby the claim petition filed by the respondents-claimants (for short 'claimants') was partly allowed.

(2.) The brief facts of the case giving rise to the present appeal are that the claimants filed a claim petition before the learned Tribunal stating therein that on 29/1/1999, when claimants' son namely Ajay (since deceased) was coming from field towards Hakola Ka Badiya, a truck bearing Registration No. R.J.E.-1002, being driven by respondent No.3 in a rash and negligent manner, ran over Ajay, as a result of which he died on the spot. At the time of accident, the offending vehicle i.e. truck was under the ownership of respondent No.4 and was insured with the appellant.

(3.) The learned Tribunal partly allowed the claim petition and awarded a compensation in the sum of Rs.1,50,000.00, along with interest @ 9% per annum from the date of filing of claim petition, in favour of the claimants and against the non-claimants.