HARNAM KAUR Vs. KANWALJEET

JUDGEMENT

(1.) This appeal has been filed against the award dated 6.6.2008 passed by Motor Accident Claims Tribunal (the Tribunal for short), Ambala, in a petition filed by the appellants, vide which they claimed compensation for the death of Kuldeep Rai. Appellants No. 1 and 2 are the widow and daughter, respectively, of the deceased. The petition was dismissed by the Tribunal. The case of the appellants was that Kuldeep Rai had gone to Mahesh Nagar, Ambala Cantt to enquire about the health of his mother-in-law on 27.10.2007 and on his way back to Ambala City on motor-cycle bearing No. HR-01W-0255, he met with an accident at about 10.30/10.45 p.m. near Hari Palace, Ambala City on G.T. Road. The accident occurred as a bull had suddenly appeared on the road and the deceased, in an effort to save the animal, applied brake, but lost balance. He fell down and received multiple injuries. He was taken to Civil Hospital, Ambala City by the National Highway Police, from where he was referred to P.G.I., Chandigarh. He succumbed to his injuries on the way. His age, at the relevant time, was stated to be 47 years and income between Rs. 3000-3200/- per month.

(2.) Respondent No. 1, who was the owner of the motor-cycle, was heard ex parte, while respondent No. 2, the Insurance Company of the vehicle, contested the claim. The defence taken, inter alia, was that there was collusion between the appellants and respondent No. 1 and that no accident, as alleged, had taken place. It was pleaded that the deceased was driving the motor-cycle without the relevant papers and driving licence. Only D.D.R. was registered whereas FIR should have been made. The usual pleading was there that the vehicle was driven in contravention of the terms of the insurance policy. The owner of the motor-cycle was the brother of the deceased, who was therefore interested in the matter and sided with the appellants.

(3.) The following issues were settled by the Tribunal:--