Reserved on: 29/07/2024 Pronounced on: 08/08/2024

1.These appeals have been preferred by the Appellant- insurance company under section 173 of the Motor vehicle act, 1988 (hereinafter referred to as ‘the Act’), against the Judgment and award dated 02.03.2017 passed by MACT, Parbatsar, District Nagaur, whereby compensation has been awarded to the claimants and the appellant has been directed to pay the compensation at the first instance and thereafter to recover the same from the owner & driver of the vehicle. The instant appeal has been filed by the appellant seeking the relief that the Judgment and award dated 02.03.2017 be quashed and set aside qua the appellant.

2.Briefly stated, the facts of the case are that on 05.05.2011 the claimants – Girdhari, Dayal, Sunita, Rajbala and Surendra were traveling from Chitawa to Adaksar in a Jeep- RJ23 UA 0302 (hereinafter referred to as “the vehicle”). The Driver of the Jeep Jagdeesh Prasad was driving the said vehicle rashly, negligently and at high speed. As a result the vehicle turtled and Girdhari, Dayal, Sunita and Rajbala got grievously injured and Surendra died. Subsequently, separate claim petitions were filed before MACT, Par