- (1.) The present appeal has been directed against the award dated 27.1.2014 passed by the Motor Accident Claims Tribunal, Hisar (in short "the Tribunal") whereby compensation has been awarded in favour of Kailasho and others in regard to death of Naresh in a motor vehicular accident. Counsel for the appellant has fairly conceded that dispute as to whether offending vehicle was insured with the appellant insurance company stands resolved and the vehicle was found to be insured with the appellant. However, it is submitted that as the deceased was driving the motor cycle bearing No. HR-21D-7398 on which two persons namely Sonu and Suresh Kumar were travelling as pillion riders, the deceased is guilty of driving the motor cycle in violation of the provisions of Section 128 of the Motor Vehicles Act, 1988 (in short "the Act"). Another submission made by counsel is that as three persons were travelling on the motor cycle meant for two persons, it can be safely inferred that the deceased must have lost balance of the motor cycle and, therefore, guilty of contributory negligence.
(2.) It is further argued that during investigation in the first information report, the owner/insured of the vehicle made a statement under Section 161 of the Code of Criminal Procedure (in short "Cr.P.C.") and admitted that the vehicle was being used for hire/reward, therefore, the insured is guilty of violating the terms and conditions of insurance policy which entitles the insurance company to recover the amount of compensation after discharging liability qua the claimants. In addition, it is submitted that the learned Tribunal has committed arithmetic error in computing compensation payable to the claimants.
(3.) I have heard counsel for the appellant and perused the records.;