- (1.) This appeal has been filed by Shri Ram General Insurance Company Limited against the Award dated 15.10.2015 passed by Motor Accident Claims Tribunal, Sahibzada Ajit Singh Nagar (Mohali) (for short 'the Tribunal), whereby, compensation of Rs.9,97,000/- was awarded to respondents No.1 to 5 on account of death of Rishu alias Gurdev Lal in a vehicular accident on 22.9.2014. The facts, as pleaded in the claim petition, are that on 22.9.2014 at about 4.00 pm, Rishu alias Gurdev Lal, aged 19 years, was going to Landran road near Badala T-point from Bus stand, Kharar to bring coal on motorcycle No.PB-65-B-5750 being driven by Ramesh Kumar. When they reached reached near T-point Kharar-Landran road near Badala, suddenly offending truck No.HR-58-A-5282 came at a high speed and in a rash and negligent manner and hit their motorcycle, as a result of which, both the occupants of the motorcycle fell on the left side of the road. Head of Rishu alias Gurdev Lal was run over by the tyre of the truck and he died at the spot.
(2.) The driver drove away with the truck from the scene, but Ramesh Kumar noted the registration number of the same. Postmortem on the body of Rishu was conducted at Civil Hospital, Kharar. FIR No.141 dated 22.9.2014 under Section 279, 337, 304-A IPC was registered in Police Station City Kharar on the statement of Ramesh Kumar. Claim petition was filed. It was pleaded that the accident occurred due to rash and negligent driving of the truck by respondent No.6 Sonu. Respondents No.6 and 7 driver and owner of the offending truck filed joint written statement and denied involvement of the vehicle in the accident. Appellant Insurance Company filed separate written statement raising objections, inter-alia, that the driver of the offending truck was not holding a valid and effective driving licence, it was being plied without valid registration and fitness certificate as also the permit. The Insurance Company also denied the accident and alleged collusion between the claimants and respondents No.6 and 7.
(3.) On the pleadings of the parties, following issues were framed:- "1. Whether the death of Rishu alias Gurdev Lal was in motor vehicle accident dated 22.09.2014 due to rash and negligent driving of offending vehicle No.HR-58-A-3282 by respondent No.1 Sonu OPP. 2. Whether the petitioners are entitled to compensation on account of death of Rishu alias Gurdev Lal in motor vehicle accident, if so, to what amount and from whom OPP 3. Whether respondent No.1 was not holding valid and effective driving licence at the time of accident OPR-3 4. Whether the respondent No.2 has violated the terms and conditions of the insurance policy OPR-3 5. Relief.";