SARSWATI DEVI Vs. BIMLA RANI

JUDGEMENT

(1.) THE present appeal arises out of an Award dated 6.10.2003 passed by Motor Accident Claims Tribunal (I), Kangra Division at Dharamshala, in MACP No. 53 -B/II -02, titled as Smt. Bimla Rani V/s. Shri Dalip Singh and Ors. allowing the claimant 'spetition under Section 166 of theMotor Vehicles Act, 1988(hereinafter referred to as the Act).

(2.) SMT . Bimla Rani, respondent No. 1 herein, filed a Claim Petition under Section 166 of the Act claiming compensation of Rs. 8 lacs, on account of death of her son Sh. Prithvi Pal Singh, aged 35 years, in an accident dated 16.4.2002 with jeep bearing No. HP -02 -8595, driven by Shri Dalip Singh, original respondent No. 1 and respondent No. 3 herein and owned by Capt. Mehar Singh, original respondent No. 2 and original appellant herein, succeeded by his legal representatives, the present appellants. The vehicle being insured with National Insurance Company, original respondent No. 3 is respondent No. 2 herein.

(3.) BASED on the pleadings of the parties, the Tribunal below framed the following issues: 1. Whether respondent No. 1 on 16.4.2002 was driving jeep No. HP -02 -8595 rashly and negligently and while so driving, struck against Prithvi Pal Singh, waiting for bus at Talwar, causing serious injuries, leading to his death? OPP 2. Whether the petitioner is entitled to compensation, if so, what amount and from whom? OP Parties 3. Whether respondent No. 1 was not possessing effective driving licence, at the time of accident? OPR -3 4. Whether the petition is collusive as alleged? OPR -3