- (1.) The present appeal has been directed against the award dated 06.05.2014 passed by the Motor Accident Claims Tribunal, Karnal (in short, 'the Tribunal') whereby respondents No. 1 to 4, legal representatives of deceased Vijay Kumar have been awarded compensation in regard to death of Vijay Kumar in a motor vehicular accident.
(2.) Counsel for the appellant insurance company has assailed the findings of the Tribunal primarily on two counts. Firstly, the deceased himself was guilty of contributory negligence in causing the accident, therefore, liability to pay the entire compensation cannot be fastened against the driver, owner and insurer of the alleged offending vehicle namely Eicher Canter bearing registration No. HR-69-2310.
(3.) Another submission made by counsel is that the insurance company is entitled to be exonerated of liability as the alleged offending vehicle was being plied in violation of the terms and conditions of the policy for want of a permit in compliance with the provisions of the Motor Vehicles Act, 1988 (in short, 'the Act');