RAJ KUMAR Vs. KASHMIR SINGH

JUDGEMENT

(1.) A challenge has been laid by way of present F.A.O. to the award made by the M.A.C.T., Bilaspur on 24.2.2004 in M.A.C. Petition No. 32 of 1999.

(2.) The brief facts necessary for the adjudication of this F.A.O. are that the present appellants had preferred claim petition under section 166 of the Motor Vehicles Act, 1988, for the grant of compensation before Motor Accidents Claims Tribunal, Bilaspur. It was in year 1998 when Vikas Kumar, son of Raj Kumar appellant, who was a student of government school met with an accident. Vikas Kumar received injuries and he succumbed to his injuries. The respondent had resisted the claim petition. The learned M.A.C.T. had framed the following issues: (1) Whether the deceased Vikas Kumar died due to rash and negligent driving of Kuldeep Singh, driver of truck No. HR 38-BG 6222, as alleged? OPP (2) If issue No. 1 (supra) is proved, to what amount of compensation the petitioners are entitled to and from which of the respondent? OPP (3) Whether the truck driver did not have valid and effective driving licence on the date of accident, as alleged? If so, its effect? OPR3 (4) Relief.

(3.) The learned M.A.C.T. has given the following findings on the issues framed: Issue No. 1 : Yes. Issue No. 2: The petitioners awarded just and reasonable compensation of Rs. 75,000 against respondent Nos. 1 to 3. Issue No. 3: No. Issue No. 4: The petitioners awarded just and reasonable compensation of Rs. 75,000 against respondent Nos. 1 to 3 as per operative part of the award.