Judgment
03/03/2025
1. The instant civil misc. appeal has been filed by the
appellants-claimants under Section 173 of the Motor Vehicles Act,
1988 (‘the Act’) challenging the judgment and award dated
[2025:RJ-JD:11811] (2 of 7) [CMA-680/2012]
19.08.2011 passed by learned Motor Accident Claims Tribunal,
Falodi, Jodhpur (‘learned tribunal’) in MAC. No.06/2011 whereby
the learned tribunal has partly allowed the claim petition filed by
the appelllants-claimants and awarded compensation to the tune
of Rs.5,71,068/- along with interest @6% from the date of filing
of the claim petition.
2. Briefly stated the facts of the case are that on 13.11.2010
the driver of the Tanker bearing registration no.RJ19 IG 5314
dashed into Mangilal, who was riding his bike on the correct side
of the road. As a result of the accident Mangilal suffered injuries
and ultimately met his demise during the course of treatment in
the hospital. Subsequently, a claim petiton was filed by the
appellants-claimants under Section 166 read with Section 140 of
the Act before the learned tribunal seeking compensation on
account of death of Mangilal (‘the deceased’). The respondent
no.3-insurance company filed reply to the claim petition denying
the averments made therein. Respondent Nos.1 and 2 were
proceeded against ex-parte. On basis of pleadings of the parties
the learned tribunal framed four issues. The appellants-claimants
examined three witnesses (AW1 to AW3) and produced
documentary evidence (Ex.1 to Ex.12). The respondent no.3-
insurance company failed to produce any oral or documentary
evidence. After hearing both the parties the learned tribunal partly
allowed the claim petition and awarded compensation to the tune
of Rs.5,71,068/- along with interest @6% from the date of filing
of the claim petition while fastening the liability, jointly and
severally, on the respondents. Aggrieved by the quantum of
[2025:RJ-JD:11811] (3 of 7) [CMA-680/2012]
compensation as awarded by the learned tribunal the instant misc.
appeal has been preferred by the appellants-claimants.
