- (1.) This is Insurer's appeal against award dated July 03, 2014 passed by learned Motor Accident Claims Tribunal, Hisar (for short "the Tribunal") awarding in favour of respondent Nos. 1 to 3 (here-in-after referred to as, "the claimants") compensation amounting to Rs. 10,05,200/- with interest at the rate of 7% per annum from the date of filling of the claim application till realisation.
(2.) As per case of the claimants, at or around 08.00 p.m. on February 29, 2012 Kuldeep Singh, aged 26 years, an electrician by avocation,died in an accident which took place between the motor-cycle bearing registration No. HR 51F 4498 driven by him and a vehicle bearing registration No. HR 46 2344 being driven by Rajesh Kumar, respondent No. 5. Widow, mother, father and brother of Kuldeep Singh, respondent Nos.1 to 4, respectively, filed claim application No. 42 of 2012 under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') claiming compensation for loss of dependency caused by death of Kuldeep Singh. The application was contested by the driver, the owner and the insurer (appellant herein) of the offending four wheeler.
(3.) Learned Tribunal framed issues, took evidence and on appreciation of the evidence adduced on record by the parties came to the conclusion that the accident took place due to rash and negligent driving of the vehicle bearing registration No. HR 46 2344 being driven by Rajesh Kumar, respondent No. 5 and while dismissing the claim application qua respondent No.4, awarded compensation in favour of the claimants (respondents No. 1 to 3) holding the appellant and respondent No. 5, Rajesh Kumar, driver and respondent No. 6, Roshan Lal, owner of the offending vehicle, jointly and severally liable to pay the compensation.;