SACHIN KUMAR Vs. CHUNILAL

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), is directed against the award of the Motor Accidents Claims Tribunal-II, Kangra at Dharamsala in M.A.C. Petition No. 37-D of 1994, dated 11.7.1997 awarding compensation of Rs. 77,600 to the claimants.

(2.) The facts necessary for the disposal of the case are that on 30.9.1994, the appellant, who was aged about 14 years at that time was driving scooter No. HP 15-0164. The claimant filed a claim petition under section 166 of the Act alleging that he was hit by the scooter and that the accident occurred due to rash and negligent driving of appellant.

(3.) The minor, Sachin Kumar through his father, Kishan Lal and his mother, who is owner of the scooter filed a reply in which the factum of the accident was denied. It was stated that the injured while crossing the road had fallen down himself and sustained injuries and there was no impact with the scooter. In this reply it was also stated that minor Sachin Kumar was not driving the scooter with the consent of the owner of the scooter and that he had taken the scooter without their permission. The insurance company also filed reply and took up the plea that since the minor was driving the vehicle and admittedly he did not have driving licence, the insurance company was not liable to pay compensation.