PAWAN KUMAR AND ANOTHER Vs. SATBIR AND OTHERS

JUDGEMENT

(1.) Assailing the award dated 28.03.2005 passed by learned Motor Accident Claims Tribunal, Bhiwani (for short, "the Tribunal") in MACT Petition No.49 of 2002 filed by the claimants (respondents No.3 and 4 herein) claiming compensation on account of death of Pritam (husband of respondent No.3 and father of respondent No.4) in a vehicular accident that took place on 17.04.2002 due to rash and negligent driving of tractor No.HR-19A-1779 (hereinafter referred to as "the offending tractor") by Satbir (respondent No.1), appellants-Pawan Kumar and Lila Ram, owners of the offending tractor, filed the instant appeal.

(2.) The submissions made by Mr. Anil Ghangas, learned counsel for the appellants and Mr. Parshant, learned counsel for respondent No.2 have been heard and record perused.

(3.) Learned Tribunal allowed the claim petition filed by the claimants-respondents No.3 and 4 and awarded compensation to the tune of L 3,69,000.00 along with interest at the rate of 4.5% per annum from the date of filing the petition till the date of actual payment. Finding that the driving licence possessed by respondent-Satbir was not a valid and legal document and there had been violation of terms and conditions of the insurance policy on part of the appellants-owners of the offending tractor, learned Tribunal direct that the insurance company would pay the amount of compensation to the claimants and in turn would recover the amount so paid from the driver and owners of the offending tractor.