RAVINDRA NATH Vs. SUBHASH NATH

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 03.09.2011 passed by the Motor Accident Claims Tribunal, Nohar, District - Hanumangarh ('the Tribunal'), whereby the Tribunal has awarded a sum of Rs. 1,80,000/- as compensation alongwith interest @ 6% per annum from the date of application i.e. 15.09.2009 to the claimants and the Insurance Company has been exonerated from the liability to pay compensation.

(2.) The application for compensation was filed by the claimants with the averments that one Rekha was going on foot on the road, when the offending vehicle a Tata Jeep Spacio being driven rashly and negligently by its driver struck her, resulting in, her suffering grievous injuries, to which, she succumbed. Compensation for the death of said Rekha, aged 10 years was claimed by her parents.

(3.) The application was contested by the Insurance Company with the averments that the driver of the vehicle was not in possession of valid driving licence as the vehicle was a commercial vehicle, whereas the driver was in possession of a driving licence authorized to driver 'light motor vehicle' only.