SHOBHA RAM Vs. TUGLI & 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. 99 of 2009 dated 30.11.2012, vide which the claim petition filed before learned Tribunal by respondent No. 1/ claimant stood allowed in the following terms:-

(2.) Brief facts necessary for adjudication of the present appeal are that as per the case of respondent No. 1/ claimant, hereinafter referred to as the claimant, deceased Tikkam Dass son of the claimant 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 watching schools tournament. 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, Tikkam Dass 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 claimant, 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 16 years and he was undergoing his studies in Government High School, Bhrawali, Tehsil Rampur, District Shimla, in 8th Class and was having a bright future. On these basis, the claimant filed claim petition praying for compensation to the tune of Rupees Ten Lac on account of untimely death of Tikkam Dass 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 claimant.