MENKA Vs. DHARAMPAL

JUDGEMENT

(1.) THIS appeal is directed against the award dated 13.5.2008 passed by Motor Accident Claims Tribunal (Tribunal for short), Narnaul, whereby compensation to the tune of Rs.4,48,000/ - was granted to the appellants.

(2.) THE case of the appellants was that the deceased who was 24 years old had gone to village Akoda on 25.7.2006 in connection with his business and was returning at 10.00 PM by motor -cycle No.HR -34 -9535. When he reached near village Palri Panihar, a pick up van (engine No.10014 and chhasis No.10151) which was driven by respondent No.1 Dharampal in a rash and negligent manner, came from the opposite side and steered towards the wrong side of the road and collided with the motor -cycle of the deceased. Narender Singh fell down and died at the spot. The accident was witnessed by Rajbir, Gopi Chand and one Virender Singh son of Shiv Lal.

(3.) RESPONDENT No.4 i.e. Insurance Company filed a separate reply alleging that no accident involving the vehicle had taken place. In the alternative, it was pleaded that if the accident was proved, it occurred due to the negligence of the deceased himself. The liability of the company was disputed and it was pleaded that respondent No.1 was not holding a valid driving licence. The petition was heard ex parte against the other respondents.