- (1.) RAJEEV Gupta, C. J.
(2.) THOUGH the appeal is listed to day for hearing on CLMA No. 4170 of 2006, with the consent of the learned counsel for the parties, the appeal is fi nally heard. This is insurer's appeal against the Award dated 09-05-2005 passed by the Motor Accident Claims Tribunal/ad ditional District Judge- Fast Track Court - IV, Dehradun in Motor Accident Claim Tribunal Case No. 50 of 2004. Claimant Anil Maikhuri claimed compensation of Rs. 15,30,000/- for the death of his brother Sushil Kumar Maikhuri in the motor accident when on 18-12-2003 his Motor Cycle bear ing registration no. U. P. 07 E-3205 was dashed by the offending vehicle Am bassador car bearing registration no. UA 07c- 7637 resulting in serious inju ries to Sushil Kumar Maikhuri, who was taken to Doon Hospital, where the doctors declared him dead. The claimant pleaded that the deceased Sushil Kumar Maikhuri was a promising Ad vocate and was earning Rs. 15. 000/- (Rupees Fifteen Thousand only) per month from legal profession. In the claim petition, the parents of the de ceased i. e. Sri Shambhu Prasad Maikhuri and Smt. Laxmi Devi were impleaded as Performa defendants.
(3.) THE insurer and owner of the of fending vehicle Ambassador Car con tested the claim before the Tribunal. THE owner of the Car while admitting the accident pleaded that the accident did not occur due to the negligence of the driver and as such denied his liabil ity to pay compensation to the claim ant. THE insurer of the Car pleaded that the driver of the Car was not holding a valid driving licence and as such it was not liable to pay compensation to the claimant. The Tribunal on the evidence led by the parties held that the de ceased Sushil Kumar Maikhuri died on account of the injuries sustained by him in the accident; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Ambas sador car and the insurer of the offend ing vehicle-Ambassador Car was liable to pay compensation to the parents of the deceased.;