SUNIL AND ANOTHER Vs. CHANDERPARTI AND OTHERS

JUDGEMENT

(1.) Cm-18449-Cii-2014

(2.) The appellants-driver and owner are aggrieved of the award passed by the Motor Accident Claims Tribunal, Hisar (in short 'the Tribunal'), whereby the compensation to the tune of ' 3,42,000/- along with interest @ 7.5% on account of death of Kulwant, in a vehicular accident occurred on 05.04.2012, has been awarded to respondent Nos.1 and 2/claimants by fastening the liability to pay the compensation upon them.

(3.) Learned counsel for the appellants-owner and driver submits as per the registration certificate, the seating capacity of the vehicle though was 7+1, but unladen weight was 2600 kgs and as per the definition of LMV as enshrined under sub-Section 21 of Section 2 of the Motor Vehicles Act, "Light Motor Vehicle" means a transport vehicle the unladen weight of which does not exceed 7,500 kgs. The driving licence, which the driver possessed was for LMV, but having not appreciated such aspects, the Tribunal has committed illegality and perversity in exonerating the Insurance Company/respondent No.3 from indemnification.