- (1.) PARTIES have agreed that the matter be disposed of finally.
(2.) THIS is insurer's appeal against the award dated 05. 07. 2007 passed by Motor Accident Claims Tribunal/district Judge, Haridwar, in Motor Accident Claim Case No. 73 of 2006. Claimant Daya Ram Sharma, who is father of deceased-Raj Kumar Sharma, claimed compensation of Rs. 15, 00, 000/- for his death in the motor accident on 21. 3. 2006, when his motorcycle dashed by offending vehicle bearing Registration No. U. A. 07c-7796 resulting in serious injuries to Raj Kumar Sharma, who suc cumbed to those injuries. The insurer, owner and driver of offending vehicle contested the claim and denied their liability to pay com pensation to the claimants. The owner and driver of offending vehicle pleaded that driver of offending vehicle in ques tion was not responsible for the acci dent and the accident occurred due to own negligence of deceased-motorcy clist himself. The insurer, on the other hand, pleaded that accident was the result of run rash and negligence of deceased and offending vehicle was being plied in breach of insurance con ditions, at the time of accident,
(3.) THE claimant examined himself as PW-1 and Sri Dev Dutt Dhiman as PW-2 in support of his case, whereas driver of vehicle No. U. A. 07c-7796 ex amined himself as DW-1, in rebuttal. THE owner and insurer, however, did not ex amine any witness. The Tribunal on the basis of pleadings of the parties framed relevant issues in the claim petition. Parties led evidence in support of their cases. The learned Tribunal after having considered the entire material available on record and hearing learned counsel for the par ties decreed the claim petition for a sum of Rs. 2, 00, 000/-in favour of claimant, against opposite party no. 3-Nationai Insurance Co. Ltd. , vide judgment and award dated 05. 07. 2007. The Tribunal further directed that opposite party no. 3- insurance company shall have the re coverable rights to recover the entire amount of compensation from owner of vehicle in question.;