ORIENTAL INSURANCE COMPANY Vs. TANU CHAUHAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the award, dated 1st March, 2011, passed by the Motor Accident Claims Tribunal, (1), Mandi, H.P. (hereinafter referred to as "the Tribunal") in Claim Petition No. 91 of 2007, whereby compensation to the tune of Rs. 4,39,000/ - with interest at the rate of 9% per annum from the date of filing of the claim petition till its realization, came to be awarded in favour of the claimants -respondents 1 to 3 herein and against the owner -insured, the driver and the insurer -appellant herein, (for short, the "impugned award").

(2.) THE claimants, being the widow, son and mother of deceased Anil Kumar, filed claim petition before the Tribunal, for grant of compensation, as per the breakups given in the claim petition, on the ground that driver Ishwar Chand, was driving bus bearing registration No. HP -68 -0203, rashly and negligently, on 04.11.2006, at about 1.00 a.m., at Nabai Nag near Baijnath, District Kangra, H.P., caused the accident; one Anil Kumar, who was travelling in the said bus, sustained injuries and succumbed to the injuries and FIR No. 177/2006 was registered in Police Station, Baijnath, District Kangra.

(3.) WHETHER the driver was driving the bus No. HP -68 -0203 without registration cum fitness certificate and route permit in violation of the terms and conditions of the insurance policy?