SHOBHA RAM Vs. NAMINDER SINGH & ORS

JUDGEMENT

(1.) By way of this appeal, appellant has challenged the award passed by the Court of learned Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr in MAC Petition No. 100 of 2009 dated 30.11.2012, vide which the claim petition filed before learned Tribunal by respondents No. 1 and 2/claimants stood allowed in the following terms:-

(2.) Brief facts necessary for adjudication of the present appeal are that as per the case of respondents No. 1 and 2/claimants, hereinafter referred to as the claimants, deceased Roshan Lal son of the claimants was travelling in a vehicle bearing registration No. HP-06A-0879 on 30.08.2009 from Taklech to Nogli in District Shimla which vehicle was boarded by him after finishing his work. At around 06.30 P.M. when the vehicle reached at a place near Khanortu, on Taklech road, it met with an accident, as a result of which, Roshan Lal died on account of injuries sustained by him in the accident. Thereafter, FIR No. 168/2009 was registered on 30.08.2009 at Police Station Rampur Bushahr. As per the claimants, the accident took place on account of rash and negligent driving of the person driving the vehicle i.e. Janardan. The vehicle was owned by Shobha Ram (present appellant) which was insured with IFFCO TOKIO, General Insurance Company. At the time of death of the deceased, his age was 26 years and he was doing work of carpenter. On these basis, the claimants filed claim petition praying for compensation to the tune of Rupees Twenty Lac on account of untimely death of Roshan Lal in the accident.

(3.) Insurance Company contested the claim petition inter alia on the ground of its maintainability including the factum of the driver not possessing a valid and effective driving licence. Even the factum of deceased dying as a result of the accident was denied alongwith other contentions raised by the claimants.