- (1.) RAJEEV Gupta,cj Mr. Z. U. Siddiqui, Advocate for the appellants. Mr. D. S. Patni, Advocate for sec ond respondent National Insurance Company.
(2.) WITH the consent of the learned counsel for the parties, the appeal is fi nally heard. This is claimants' appeal for en hancement of the compensation awarded by Motor Accident Claims Tri bunal / Additional District Judge, Haldwani, District Nainital vide Award dated 29-03-2004 passed in Motor Ac cident Claim Petition No. 215 of 1990. The claimants compensation of Rs. 3,00,0007- for the death of one Shobhi Ram, husband of first appellant Smt. Rammurti and father of appellants Nos. 2 to 4 Suresh, Km. Saroj and Satyepal, who died on account of the injuries sustained by him in the acci dent, which took place on 12-12-1989 when he was dashed by the offending vehicle Truck bearing registration No. USI 1055. The claimants pleaded that Shobhi Ram used to earn Rs. 3,0007-per month by selling vegetables.
(3.) THE owner and the insurer of the offending vehicle Truck contested the claim and denied their liability to pay compensation to the claimants. THE In surance Company further pleaded that the driver of the offending vehicle Truck was not holding a valid driving license at the time of the accident. The Tribunal, on the evidence led by the parties, held that Shobhi Ram died on account of the injuries sustained by him in the accident and that the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck. Though the insurer of the Truck was not held liable to pay compensation to the claimants as the driver of the offending vehicle Truck was not holding a valid driving license, in view of the dictum of the Apex Court in the case of Swarn Singh, the Insurance Company was directed to pay compensation to the claimants with a further direction to recover the same from the owner of the offending vehicle.;