SHAKUNTLA AND ANOTHER Vs. BIR SINGH AND ORS

JUDGEMENT

(1.) The aforementioned two appeals arise out of a common award vide which the claim petition brought by Smt. Shakuntla and Kalu Ram under the provisions of section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') on the death of their son Anoop Singh in a road side accident that took place on 09.07.2008 has been allowed by learned Motor Accidents Claims Tribunal, Bhiwani(for short 'the Tribunal'), awarding a sum of Rs.3,27,000/- as compensation with interest @ 7.5% per annum but simultaneously respondent no.3- National Insurance Company Ltd. has been exonerated from its liability to pay the compensation.

(2.) Anoop Singh had been a distributor of Idea PCO. He was dealing in post-paid connections and was running a photostat machine. He was a tenant in a shop in Devi Lal Market and was running his business in the name of Balaji Communication. He had taken the shop from the Market Committee on a rent of Rs.3975/- per month. He also had a PAN card and he had been awarded 'service tax code' for Balaji Communication. It is claimed that his income had been in a sum of Rs.20,000/- per month and he was an income tax payee.

(3.) While respondents no.1 and 2 have denied the accident to have taken place on account of rash and negligent driving of Truck No. HR39-A-3321, it has been claimed that the accident is an outcome of rash and negligent driving of the motorcycle by the deceased. The insurance company has denied the truck to be having a route permit, fitness certificate or its driver to be having a driving licence. It is claimed for the abovesaid reasons that the insured has committed breach of the terms and conditions of the insurance policy.