- (1.) This is an appeal brought by the insurer against the award dated 31.7.2009 passed by the Motor Accidents Claims Tribunal, Kurukshetra (for short, "the Tribunal") vide which the claim petition brought by Smt. Saranjit Kaur and others under the provisions of section 166 of the Motor Vehicles Act, 1988 (for short, "the Act") has been allowed and a sum of Rs. 3,94,000/- has been awarded as compensation to the claimants on the death of Basant Singh. The facts necessary to decide this appeal are as under: .. On 14.2.2008, Basant Singh (deceased) hired a TATA- 407 bearing registration No.HR-08GA-0257 and loaded his household effects in the same from Delhi for his village Patti. He was travelling in the said vehicle along with his goods as owner of the goods. Respondent No.1, Piara Singh, was driving the said vehicle at a very fast speed and in a rash and negligent manner. The vehicle reached the area of Police Station Shahbad on 15.2.2008 at about 2.30 a.m. At that time, the said vehicle had hit an unknown truck and had then hit a truck bearing registration No.HR-51-GA-0775, which was driven by respondent No.5. As a result of the accident, driver of TATA-407 suffered multiple injuries. Basant Singh died on account of the injuries suffered by him in the accident at the spot. The accident is claimed to have occurred due to sole rash and negligent driving of TATA-407 driven by Piara Singh, respondent no.1.
(2.) The claim petition has been resisted by the respondents. Respondents No.1 and 2, the driver and owner respectively of the TATA-407 in question have denied the accident to have occurred on account of rash and negligent driving of the vehicle by respondent No.1. It is claimed that if the Tribunal reaches the conclusion that the accident was an outcome of rash and negligent driving of TATA-407, then respondent No. 3, the insurer is liable to pay compensation. Respondent No. 3, the New India Assurance Company Limited has claimed in its written statement that there was no .. insurable interest of TATA-407 in question with the answering respondent. According to it, cover note No. 925949 was stolen from the branch office of the answering respondent and the same was forged for insurance of the above said four wheeler. The TATA-407 is also claimed to have been driven by a person not holding a valid and effective driving licence at the time of alleged accident. It is also averred that the driver of TATA-407 in question was not in the employment of the insured at the time of the accident. The claim petition is said to have been filed just to grab the compensation. It is alleged that no premium was received in this case in the office of the answering respondent.
(3.) The other set of respondents, i.e. respondents No. 4 to 6 have denied their responsibility in any manner to satisfy the award. They have claimed themselves to be unnecessary parties to the claim petition. On the pleadings of the parties, the following issues were framed the Tribunal. 1. Whether the accident in question resulting into death of Basant Singh took place on 14.2.2008 due to rash and negligent driving of respondent no.1, while driving four wheeler TATA-407 bearing registration No. HR-08GA- 0257, as alleged? OPP 2. If issue No.1 is proved in affirmative, whether petitioners are entitled to receive any compensation, if so, how much and from whom? OPP .. 3. Whether respondent No.1 was not holding a valid and effective driving licence on the date of accident, if so, its effect? OPR 4. Whether present petition is not maintainable in the present form? OPR 5. Relief.;