BABU SINGH Vs. DALPAT @ DILIP

JUDGEMENT

(1.) The present misc. appeal has been filed under Sec. 173 of the Motor Vehicles Act, 1988 ('Act of 1988') against the judgment and award dtd. 7/3/2019, passed by the learned Judge, Motor Accident Claims Tribunal, Sirohi ('Tribunal') in MAC Case No. 65/2017, whereby the learned Tribunal has awarded Rs.5,95,000.00 as compensation to the appellants/claimants, while holding the respondents jointly and severally liable.

(2.) Briefly stated, the facts of the case are that on 8/5/2017 at around 12:30 AM, the deceased was travelling with her son, Gopal Singh on the motorcycle bearing Chessis Number MD2A11CYHRA01251 and Engine no. DHYOHA3783, when it collided with another motorcycle which was driven by respondent no.1/rider. On account of the said accident, the deceased suffered injuries and died subsequently. Thereafter, a case bearing no. CR 31/2017 was registered in Police Station, Barlut, Sirohi District and a claim was filed before the learned Tribunal.

(3.) In response to the claim petition, respondent no.1/rider filed his reply and denied the averments made therein, while respondent no. 2/Insurance Company submitted that at the time of accident, the rider was not having valid and effective license to drive the vehicle.