KANWALJIT RAJU Vs. MANJIT SINGH

JUDGEMENT

(1.) The claimants have filed this appeal to challenge the judgment and decree dated 11.1.2000 passed by the Motor Accidents Claims Tribunal, Chandigarh (for short 'the Tribunal') whereby the claimants have been awarded compensation to the tune of Rs. 12,00,000 with 12 per cent interest on account of the death of Jagjit Rai Raju in a road accident on 11.9.1997 and the insurance company, respondent No. 4, has been exonerated from making the payment of the compensation amount to claimants on the ground that the driver of the offending vehicle was not holding valid driving licence.

(2.) Jagjit Rai Raju, aged 47 years, who was riding a scooter at the relevant time, was knocked down by the truck bearing registration No. PUS 337 at about 4.30 p.m. on 11.9.1997. The truck was being driven by Manjit Singh, respondent No. 1, Dalip Singh, respondent No. 2 and Bhagirath Prasad, respondent No. 3, were the owners of the offending vehicle and it was insured with Oriental Insurance Co. Ltd., respondent No. 4. The claimants, who are widow, daughters and mother, respectively, of the deceased filed claim petition and claimed Rs. 20,00,000 as compensation on account of the death of Jagjit Rai Raju. It was contested by the respondents.

(3.) On the pleadings of the parties, the Tribunal framed the following issues: