AMITA SHARMA Vs. MUNI LAL VERMA

JUDGEMENT

(1.) THE present appeal arises out of an impugned Award dated 1.8.2003 passed by the Motor Accident Claims Tribunal, Solan, in M.A.C. Petition No. 8 -S/2 of 2002, awarding compensation of Rs. 4,40,000/ - to the claimants of deceased Shri Lekh Ram Sharma.

(2.) THE claimants; wife and four minor daughters of deceased Shri Lekh Ram Sharma filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act '), claiming compensation on account of the death of the deceased in an accident which occurred on 9.1.2001. On the basis of the pleadings of the parties, the Tribunal framed the following issues: (1) Whether Lekh Ram Sharma had died in the said accident on account of the rash and negligent driving of the offending vehicle by respondent No. 1? ...OPP (2) If issue No. 1 is decided in favour of the petitioners, whether the petitioners are entitled for compensation, how much and from whom? ...OPP (3) Whether the respondent No. 1 was not having a valid and effective driving licence, if so its effect? ....OPR -3 (4) Whether the vehicle in question was not having valid documents, if so its effect? ...OPR -3 Based on the material on record, the Tribunal found that the deceased had died in an accident which occurred due to the rash and negligent driving of the vehicle in question by respondent No. 1 Shri Muni Lal Verma.

(3.) SINCE the vehicle was insured, therefore, the liability was fastened on respondent No. 3, the United India Insurance Company.