(1.) Instant civil misc. appeal has been filed under Section 173 of Motor Vehicles Act against the judgment/award dated 21.02.2017 passed by learned Judge, MACT Cases, Udaipur in MACT Case No. 87/2016 whereby, the learned Tribunal allowed the claim petition and ordered the non-claimant Insurer to pay the amount of compensation in the sum of Rs. 3,39,800/- to the claimants along with interest @ 8.5% per annum.
(2.) Brief facts of the case are that the claimants filed a claim petition contending that on 24.08.2014, claimants Uday lal and Ram lal were going on motorcycle in the evening at around 4 :00 PM, at that time the respondent non-claimant No. 1 Driver driving the Truck No. RJ-27-GB 3066 rash and negligently hit the motorcycle resulting in several simple and grievous injuries to the claimants. An FIR was registered at police station and after investigation, charge-sheet was filed against the non-claimant driver.
(3.) The learned Tribunal after considering the rival contentions and evidence on record partly allowed the claimant petition and directed the appellant insurer and non-claimants to pay the compensation amount in the sum of Rs. 3,39,800/- along with interest @ 8.5%.