- (1.) The Insurance Company has preferred the present appeal, for setting aside the impugned Award dated 16.11.2009, passed by the learned Motor Accident Claims Tribunal, Patiala (for short 'the Tribunal'), whereby the claim petition of respondent Nos. 1 and 2 was allowed and a sum of Rs. 2,64,000/-was awarded as compensation to be paid by the appellant as well as respondent No. 3 jointly and severally. The brief facts of the case are that on 18.5.2007, Lakhwinder Singh, son of respondent Nos. 1 and 2, sustained multiple grievous injuries due to fall from tempo bearing registration no. PB 13N-6921 He was rushed to Rajindra Hospital, Patiala but due to serious condition, he was referred to PGI, Chandigarh. He died on the way. The claimant-respondent Nos. 1 and 2- parents, being the legal heirs, filed the claim petition. Upon notice, the driver-cum-owner as well as the Insurance Company (herein appellant) filed their written statements by denying the accident.
(2.) From the pleadings of the parties, the following issues were framed by the learned Tribunal :- 1. Whether on 18.5.2007, Lakhwinder Singh died in a Motor Vehicle Accident caused due to rash and negligent driving of offending vehicle by respondent No. 1? OPP 2. Whether claimants are the legal heirs of the deceased and are entitled to the compensation and from whom? OPP 3. Whether respondent No. 1 was not holding a valid driving licence at the time of accident? OPR-3 4. Whether the claim petition is not maintainable? OPR 5. Whether claim petition is bad for non-joinder and mis-joinder of parties? OPR 6. Relief.
(3.) After analysing the evidence led by the parties and hearing the learned counsel for the parties, the learned Tribunal decided the issues as under:-;