- (1.) RAJEEV Gupta, C. J. This common judgment shall govern the disposal of A. O. No. 450 of 2006 also.
(2.) THE impugned Award dated 12-05-2006 passed by Motor Accident Claims Tribunal, Haridwar in Motor Accident Claim Case No. 94 of 2004 has given rise to the filing of these two appeals - A. Os. 423 of 2006 and 450 of 2006. A. O. No. 423 of 2006 is at the be hest of the insurer of the offending vehi cle truck, whereas A. O. No. 450 of 2006 is at the behest of the claimants for en hancement of the compensation awarded by the Tribunal. Claimants Sri Ram Bansal and Smt. Sneh Lata, the unfortunate parents of deceased Rajnish, claimed compensa tion of Rs. 41,70,000/- for his death in the motor accident, when on 15-06-2000, his scooter was dashed by the offending vehicle-bus bearing registration No. MP-09 S-2380 resulting in serious injuries to Rajnish, who succumbed to those injuries on his way to the Government Hospital, Haridwar. On the report about the acci dent, a criminal case was registered against the driver of the bus at Crime No. 253 of 2000 for the alleged commission of the offence punishable U/ss 279,338,304-A and 4271. RC. The claim ants pleaded that their son Rajnish, on the date of the accident, was aged about 27 years and used to earn Rs. 8000/- per month from his business of food-grain trading, property dealing and cane crusher.
(3.) THE owner of the vehicle, who af ter his death was represented by his legal representatives, did not contest the claim and remained ex-parte before the Tribunal. The insurer of the offending vehi cle (appellant in A. O. No. 423 of 2006) contested the claim and while admitting that the offending vehicle-bus bearing reg istration No. MP-09 S-2380 was insured with this Insurance Company for the pe riod between 22-03-2000 to 31-03-2001, denied its liability to pay compensation to the claimants on the plea that the driver of the bus was not holding a valid driving licence and the bus was being plied in breach of the policy conditions.;