The brief facts of the case are that the respondentsclaimants No. 1 to 6 filed a claim petition before the learned Tribunal under sections 140 and 166 of Motor Vehicle Act, 1988 on account of alleged death of Sriprasad- husband of Claimant/ Respondent No. 1, father of claimant-respondent No. 2 to 4 and son of claimant – respondent No.- 5 in the vehicular accident allegedly took place on 23.10.2012 in the afternoon when the deceased Sriprasad while going on Tanker No. GJ-06-TT- 6069 as a khalasi, Near Ajmer by the head on collusion from the front side of the vehicle Bus No. GJ-27-T-5520 being piled by respondent No. 1, the deceased Sriprasad sustained injuries and died. In pursuance to the alleged accident, the FIR was lodged with the P.S. Jawaja, District Ajmer. The said Bus No. GJ-27-T-5520 was being driven by its driver, who also expired in the accident and non- claimantRespondent No.-6 Kankesh I Shah was the owner of the said Bus No. GJ-27-T-5520 which was insured with the appellantInsurance Company. The case of the respondent- claimants is that due to sole negligence of the driver of the Bus and hence the claim petition was preferred against driver- owner and insurer of the Bus which was registered as Claim Case No. 318/2014 (247/2013).
