- (1.) RAJESH Tandon, J. 1. Heard Sri Pankaj Purohit, counsel for the appellants and Sri D. S. Patni coun sel for respondent no. 1.
(2.) THIS appeal is for enhancement of the amount of Award dated 15-6-2005, passed by the Motor Accident Claims Tri bunal, Chamoli. The appellants preferred a claim petition under section 166 of the Motor Vehicles Act, for the grant of compensa tion on account of the death of Sri Laxmi Prasad in a motor vehicle accident. Ac cording to the claimants on the fateful day on 5-/-2003 the deceased was going to Thirpak from Kandai by Tata Summo No. U. P 07 C-6593. The vehicle met with accident at Machchidhar and fell into a ditch. Deceased Laxmi Prasad sustained fatal injuries in the accident and he died instantaneously. According to the claim ants, the deceased was a Mason, he was also doing horticulture work and was also selling milk. His monthly income was Rs. 9,5007 -. The claimants claimed rupees twenty one lakhs as compensation. The respondent no. 1, filed written statement and submitted that at the time of accident the vehicle was not being driven according to the terms and condi tions of the insurance policy. The vehicle has no valid registration certificate, fitness certificate and permit. The driver of the vehicle has no valid driving licence.
(3.) RESPONDENT no. 2 did not appear before the Claims Tribunal despite of suf ficient service. Respondent no. 3 filed his written statement and has submitted that he is registered owner of the vehicle. The vehi cle has valid registration certificate, per mit, fitness certificate and the driver of the vehicle has valid driving licence. He al leged that the vehicle was comprehen sively insured with respondent no. 1 at the time of accident and respondent no. 1 is liable to pay compensation.;