HIRA SINGH Vs. PRATAP SINGH

JUDGEMENT

(1.) By way of this appeal, the appellants assail the Award passed by the Court of learned Motor Accident Claims Tribunal-1, Sirmaurat, District Nahan, H.P, titled Partap Singh Vs. Shri Hira Singh and others, dtd. 25/3/2013, in terms whereof the claim petition filed by the claimant was allowed by the learned Tribunal, by awarding compensation to the tune of Rs.44,745.00 with interest and the liability to pay the compensation was fixed upon the present appellants.

(2.) Brief facts necessary for the adjudication of the present appeal are that a claim petition was preferred by one Sh. Pratap Singh, respondent No.1, before this Court, on the ground that on 6/11/2008 he had engaged pick up bearing Registration No. HP-64-0434, owned by appellant Hira Singh and driven by appellant Dhanvir Singh, for carriage of sand and cement and other building materials from Sarahan to his native place. As per the claimant he was sitting in the vehicle as the owner of the goods. The vehicle met with an accident on account of rash and negligent driving of the driver and rolled down a cliff which resulted in claimant suffering multiple injuries. He remained admitted in the hospital with effect from 6/11/2008 to 9/11/2008 and spent huge amount on his treatment. He also suffered loss of income on account of the accident etc. He claimed compensation to the tune of Rs.5,00,000.00. The respondents in the claim petition were the present appellants, who were impleaded therein as respondents No.1 and 2 respectively. Respondent-Company was impleaded as respondent No.3. The appellants herein admitted that the claimant had hired the vehicle but it was denied by them that the accident took place on account of rash and negligent driving on the part of the driver. The stand of the Insurance Company was that the vehicle was being plied in violation of the terms and conditions of the insurance policy. The driver of the vehicle did not possess any valid and effective driving license and the injured was a gratuitous passenger in the offending vehicle and thus not covered in terms of the insurance policy. There was violation of Sec. 157 of the Motor Vehicle Act.

(3.) On the basis of the pleadings of the parties, learned Tribunal framed the following issues:-