- (1.) THE appellant feeling aggrieved by the award dated 6.10.2008, passed by the Motor Accident Claim Tribunal/ Additional District Judge Court No. 5, Faizabad, in Claim Petition No. 13/2006, has preferred this First Appeal From Order, under Section 173 of the Motor Vehicles Act ( the Act).
(2.) THE brief facts are that the appellant filed a claim petition under Section 163A of the Act for award of Rs. 11,46,000/ - as compensation. It was alleged by the appellant that the accident took place on 28.6.2004 at 8.30 P.M. when the son of the appellant, namely, Indra Jeet was going on Motorcycle No. U.P. 42G/3407 along with Rajesh Kumar and Raj Kumar, towards Mubarakpur. When he reached near Lakhauri village, he stopped the Motorcycle to attend the call of nature. As soon as the appellant's son got down from the motorcycle, a truck bearing Registration No. HR 38 E 1217 came at a very high speed and dashed against the stationary motorcycle. The impact of the collusion was so grave that the appellant's son Indra Jeet Verma and Rajesh Kumar died on the spot while Raj Kumar received serious injury. The appellant gave information of the accident to the concerned police station on 30.6.2004.
(3.) THE respondent no.1 after service of notice appeared before the Tribunal but did not file any written statement. The respondent no.2 Insurance Company filed a written statement denying the fact that the motorcycle was insured with the respondent -company. It was also contended that in case the motorcycle was being driven by a person having no licence the Insurance Company is not liable to pay any compensation. It was also contended on behalf of the Insurance Company that the amount of compensation claimed by the appellant was highly excessive. The learned Claims Tribunal on the basis of the pleadings of the parties framed 5 issues and on the basis of the evidence on record, found that the accident took place on account of joint negligence of both the drivers of the vehicles and the driver of motorcycle was not having a driving licence. With regard to the quantum of compensation the learned Tribunal found that the claimant was entitled to get a compensation of Rs. 1,70,000/ - but reduced the amount of compensation to half on the ground that the deceased was also jointly responsible for the accident.;