PAPPI DEVI Vs. KALI RAM

JUDGEMENT

(1.) The appellants (hereinafter referred to as the claimants), have filed the present appeal seeking enhancement of compensation awarded in terms of Award dated 9.10.2002 passed by Motor Accident Claims Tribunal, Bilaspur, H.P. in M.A.C. Petition No. 6 of 2000, titled as Smt. Pappi Devi and others v. Shri Kuli Ram and others, awarding a compensation of Rs. 1,58,400/ - with interest @ 9% per annum from the date of award till payment.

(2.) VEHICLE being owned by Shri Kuli Ram, respondent No. 1 herein and driven by Shri Ranjit Singh, respondent No. 2 in the claim petition (his name was deleted vide order 27.5.2004) and insured with Oriental Insurance Company respondent No. 3 herein, met with an accident on 7.12.2000 in which Shri Babu Ram died. An FIR was registered and criminal proceedings were initiated.

(3.) BASED on the pleadings of the parties, the Tribunal framed the following issues : - 1. Whether deceased Shri Babu Ram had died due to rash and negligent driving of Shri Ranjit Singh, driver of tractor No. HP -24 -2856, 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 respondents ? OPP 3. Whether the tractor driver did not have valid driving licence on the date of accident, as alleged, if so its effect ? OPR -3 4. Whether there has been no contract of insurance in between the insured and the Insurance Company, as alleged ? OPR -3