AMAN DEEP Vs. SUKHAN DEVI

JUDGEMENT

(1.) This appeal by the owner and the alleged driver of the vehicle, i.e. Scooter No. HP -22 -1294 has been filed against the award of the Motor Accident Claims Tribunal, whereby they have been ordered to pay compensation, amounting to Rs. 2,35,000/ -, and the Insurance Company has been absolved of its liability with the finding that the vehicle was being driven by appellant No. 1 Aman Deep, who is son of appellant No. 2 Balbinder, at the time of the occurrence of the accident and he was not only not possessing a driving licence but was also not eligible for grant of licence, on account of his being minor.

(2.) The grievance of the appellants is that the finding of the Tribunal that the vehicle was being driven by appellant Aman Deep is contrary to the evidence on record. According to the appellants, the scooter was being driven by appellant Balbinder, who held a valid driving license, at the time when the accident took place. It is also the grievance of the appellants that the age of the deceased, as per the claimants own evidence, was 65 years, though according to the evidence adduced by them it was even more than that, i.e. 70 years, but the Tribunal has held the age to be 51 years and applied the multiplier of 8 years purchase.

(3.) I have heard the learned Counsel for the appellant and also gone through the record. Nobody is present for the claimants.