LEKH RAM Vs. MAST RAM

JUDGEMENT

(1.) THIS appeal is instituted against award dated 21.1.2013, rendered by learned Motor Accident Claims Tribunal, Fast Track Court, Una, District Una, Himachal Pradesh in MAC Petition No. 6/11.

(2.) PERTINENT facts necessary for the adjudication of the appeal are that respondents No. 1 to 3 (herein after referred to as 'claimants') have filed a petition under Section 166 of the Motor Vehicles Act seeking compensation on account of death of Amit Kumar. Amit Kumar died in an accident on 15.11.2010 at village Ambota, Tehsil Amb, district Una, Himachal Pradesh. According to the claimants, on 15.11.2010 at 7.15 am, Amit Kumar alongwith Sachin Kumar was going to Gagret on a bicycle, which was being driven by Sachin Kumar. Amit Kumar was the pillion rider. In the meantime, a truck bearing registration No. HP12D -3149, being driven by respondent No. 4, Shri Paramjit Singh came in a high speed from Daulatpur side and hit the bicycle on the backside in the Kucha portion of the road. Amit Kumar received multiple injuries on his body and died. The post mortem was conducted on 15.11.2010. Age of the deceased was 12 years at the time of accident.

(3.) APPELLANT and respondent No. 4 filed separate replies. According to them, the accident was the result of rash and negligent driving of the rider of the bicycle. Respondent No. 5, the New India Insurance Company Limited also filed reply. According to the reply, the driver was not holding valid driving licence. There was violation of terms and conditions of the insurance policy.