RATAN KUMAR AGGARWAL Vs. VISHRAM RAM & ANR.

JUDGEMENT

(1.) THIS appeal, under Section 173 of Motor Vehicles Act, 1988, has been preferred against the judgment and award dated 18.9.2000 passed by Mo­tor Accident Claims Tribunal/District Judge, Udham Singh Nagar, in M.A.C. Case No. 99 of 1999, Vishram Ram versus Sri Ratan Kumar Aggarwal, & another.

(2.) THE claimant-Vishram Ram filed a claim petition under Section 166 of Motor Vehicles Act, before the Claims Tribunal for grant of compen­sation on account of death of his son-Kishore Ram (deceased) in a motor vehicle accident alleging therein that on 4.4.1999 when deceased was crossing the road, Armada Jeep No. U.P.03/2766 hit the deceased due to rash and negligent driving of its driver and deceased sustained injuries and succumbed to those injuries. The claimant claimed a sum of Rs.2, 50, 000/- as compensation against opposite parties.

(3.) OPPOSITE party no. 2-insurance company filed its written statement and denied the contents of paragraph nos. 1 to 16. It has pleaded the claim­ant? was duty bound to prove the said statements by evidence. It has further admitted that alleged vehicle Jeep No. U.P.03/2766 was insured with it and insurance company was not liable to pay any compensation and liability to pay the amount of compensation is of opposite party no. 2. It has further pleaded that on the date of alleged ac­cident driver of vehicle in question was not holding valid driving licence and the said vehicle was being plied in breach of conditions of insurance policy. It has also pleaded that claim petition was bad for non-joinder of driver as party and the said claim pe­tition was liable to be dismissed.