IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : J U D G M E N T : New India Assurance Company Ltd., Udaipur Versus Shri Goverdhanlal & Others (S.B. Civil Misc. Appeal No.310/2010) DATE OF JUDGMENT : December 14, 2010 P R E S E N T HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Sanjeev Johari for the appellant. Mr. Manish Pitaliya for the respondents. BY THE COURT : Instant civil miscellaneous appeal has been filed under Section 173, Motor Vehicles Act, 1988 by the appellant insurance company against judgment/award dated 04.01.2010 passed by Motor Accident Claims Tribunal, Udaipur (Addl. District & Sessions Judge (Fast Track) No.5, Udaipur) in Claim Case No.163/2008, whereby, the Tribunal passed award of Rs.3,95,500/- along with 9% interest if the above amount is not paid within 30 days from the date of award passed by the Tribunal. As per facts of the case, a claim petition was filed by claimant-respondents No.1, 2 and 3 before the Motor Accident Claims Tribunal, in which, it was prayed that on 12.02.2007, one Gajendra Kumar was going with his friends from Kasoda to Bhindar at about 8.30 A.M. in the morning, at that time, when they were somewhere near Toor Talai, one Pick Up Van bearing No.RJ 12/P/0799 while coming from the side of Bhindar, hit the motor cycle on which Gajendra Kumar was sitting and, due to rash and negligent driving of the said Pick Up Van by its driver Prithvi Raj (respondent No.4 herein) the accident occurred and Gajendra Kumar died on the spot and other two friends Sandeep and Durgeth received serious injuries. Claimants No.1 and 2 are father and mother of deceased Gajendra Kumar and Kanta Devi is wife of the deceased. As per the claim petition filed by the claimants, deceased was 22 years old at the time of his death and he was earning ten to fifteen thousand rupees per month and, in the accident, his motor cycle was smashed and his mobile phone was also lost. Therefore, the claimants pressed claim of Rs.3,36,00,000/- before the Tribunal. Learned Tribunal, after taking into consideration the reply and evidence adduced by both the parties passed the impugned award for a sum of Rs.3,95,500/- and, out of the said amount Rs.45,500/- were ordered to be paid within 30 days failing which it is ordered that claimants will be entitled to interest at the rate of 9% from the date of filing the claim which is 27.06.2007. Learned counsel for the insurance company is challenging the said award solely on the ground that no reply was filed by respondents No.1 and 2 and they were in collusion with the claimants and on the ground that driver of (Gopal Krishan Vyas) J. Ojha, a. 2 3