RAKESH KUMAR Vs. MANI DEVI AND ORS.

JUDGEMENT

(1.) The present appeal under Section 173 of the Motor Vehicles Act, 1988, is maintained by the appellant/respondent No.1 (hereinafter referred to as 'respondent No.1') for quashing and setting aside the impugned award, dated 02.05.2016, passed by the learned Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr, District Shimla, H.P, in MAC Petition No.29 of 2014.

(2.) Brief facts giving rise to the present appeal are that on 20.4.2014, Maghu Ram (deceased) son of Nathu Ram, was travelling in Bolero Camper bearing No.HP-06A-4729 from Averi to Nehra alongwith others. He was going to attend marriage at Village Nehra, around 6:30 PM, the vehicle being driven by proforma respondent (hereinafter referred to as 'respondent No.2') rashly and negligently went off the road into dhank at Shaloon Kainchi, resulting into death of Maghu Ram, on the spot. His postmortem examination was conducted at MGMSC, Khaneri, Tehsil Rampur Bushahr, District Shimla, case FIR No.42/2014 dated 20.4.2014, under Sections 279, 337 and 304-A of the Indian Penal Code, was registered at Police Station, Rampur Bushahr. It is alleged that the deceased Maghu Ram, lost his life in a motor vehicle accident being driven by respondent No.2, by his rash and negligent driving of Bolero Camper bearing No.HP-06A-4729. The deceased was a private builder and was earning Rs. 20,000/- per month. The petitioners are the legal heirs and dependents of the deceased. Respondent No.1 (hereinafter referred to as 'petitioner No.1') is the widow and respondent No.2 (hereinafter referred to as 'petitioner No.2') is his mother. Hence, the present petition.

(3.) Respondents No.1 and 2 by filing joint reply have admitted the factum of accident having taken place on 20.4.2014 at about 6:30 PM, at Shaloon Kainchi, Tehsil Rampur Bushahr, District Shimla, involving vehicle bearing No.HP-06A-4729 being driven by respondent No.2. It is also admitted that the deceased Maghu Ram alongwith others was travelling in the vehicle from Averi to Nehra to attend the marriage ceremony. It is also admitted that Maghu Ram lost his life in the said accident. However, it is denied that the cause of accident was rash and negligent driving of the vehicle by respondent No.2. The vehicle was duly insured with respondent No. Respondent No.3-Insurance Company, submitted that the insured was not possessing valid Registration Certificate, permit and fitness certificate with respect to vehicle bearing No.HP-06A4729. However, at the time of accident, the deceased was travelling in the vehicle, in violation to the terms and conditions of the insurance policy as an unauthorized/gratuitous passenger, therefore, the Insurance Company is not liable to indemnify the insured keeping in view the breach of the mandatory terms and conditions of the insurance policy.