PANN DEI @ PAAN DEVI Vs. PAAN DEVI

JUDGEMENT

(1.) This appeal is the outcome of the judgment and award, passed by the Motor Accident Claims Tribunal, Chamba, Division, Chamba, H.P. in MAC Petition No. 44 of 2005, titled as Smt. Paan Devi and others versus Smt. Paan Devi and others, arising out a vehicular accident, allegedly caused by driver Nurmo respondent No. 7 herein while driving the vehicle bearing registration No. HP-45-0738 (Mahindra Pick-up) on 22.11.2002 at about 5 p.m. at Matoono Morh near Jot, hereinafter referred to as "the impugned award", for short.

(2.) Apparently, in the aforesaid accident, Budhi Ram sustained the injuries and succumbed to the same, constraining the claimants Smt. Paan Dei and others, respondents herein to file claim petition before the Motor Accident Claims Tribunal below, referred to above. FIR of the accident was lodged in police station Chowari District Chamba, H.P.

(3.) The owner, driver and insurer contested the claim petition by filing separate replies. The owner and driver have admitted the accident and death of the deceased. However, the insurer took up the stand that the driver of the offending vehicle was not holding a valid and effective driving license at the time of the accident, the vehicle was being plied in contravention of the conditions of the insurance policy and the deceased was a gratuitous passenger.