Rakesh Kumar Garg, J. - (1.) RESPONDENT No. 1 filed the instant petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation to the tune of Rs. 15,00,000/ - along with interest on account of injuries suffered by him in a motor vehicular accident on 18.8.2012 caused due to rash and negligent driving of respondent No. 2, which was owned by respondent No. 3. The said vehicle was duly insured with the appellant.
(2.) THE claim petition was contested by respondents No. 2 and 3 by filing a joint written statement denying their liability to pay. Appellant also filed written statement raising various preliminary objections stating that the driver of the offending vehicle was not having a valid and effective driving licence at the time of alleged accident. It was also stated that insured has violated the terms and conditions of the insurance policy. Moreover, the FIR was not in accordance with law and vehicle in question was not involved in the accident. No replication was filed.
(3.) FROM the pleadings of the parties, following issues were framed: - 1. Whether the accident in question resulting into injuries to petitioner took place due to rash and negligent driving of offending vehicle bearing registration No. HR -38 -K -5383 by respondent No. 1? OPP 2. If issue No. 1 is proved, whether the petitioner is entitled to compensation. If so, to what amount and whom? OPP 3. Whether respondent No. 1 was not holding a valid and effective driving licence on the date of accident? If so, to what effect? OPR -3 4. Whether respondent No. 2 has violated the terms and conditions of the insurance policy, as alleged? If so, to what effect? OPR -3;