- (1.) RAJEEV Gupta, C. J. Mr. T. A. Khan, Advocate for the appellant. Mr. S. K. Posti, Advocate for re spondent No. 1. Mr. D. S. Patni and Mr. Anil Dabral, Advocates for respondent No. 2.
(2.) ON due consideration, the Delay Condonation Application is allowed and the delay in filing the appeal is, hereby, condoned. With the consent of the learned counsel for the parties, the appeal is fi nally heard. The appellant is seeking enhancement of the compensation awarded by Motor Accident Claims Tri bunal / Additional District Judge (First Fast Track Court), Haldwani, District Nainital vide Award dated 21-08-2003 passed in Motor Accident Claim Petition No. 68 of 2003.
(3.) CLAIMANT Mohd. Shafique claimed compensation of Rs. 10,00,000/-for the unfortunate death of his son Shabu in the motor accident on 15-04-2003 when his bicycle was dashed by the offending vehicle Bus bearing registration No. UP 24 6464 owned by first respondent Santosh Kumar Pandey and insured with second respondent National Insurance Com pany resulting in the instantaneous death of Shabu on the spot itself. The claimant further pleaded that deceased Shabu used to earn Rs. 7,000/- per month by making grills. The owner and the insurer of the offending vehicle Bus contested the claim and disowned their liability to pay compensation to the claimant on the plea that deceased Shabu himself was responsible for the accident. The insurer took the further plea that the driver of the offending vehicle Bus was not hold ing a valid driving license at the time of the accident and as such, the Insur ance Company was not liable to pay compensation to the claimant.;