Mansoor Ahmad Mir, J. - (1.) Subject matter of this appeal is the judgment and award, dated 25.04.2009, made by the Motor Accident Claims Tribunal(I), Kangra at Dharamshala, H.P. (for short "the Tribunal") in M.A.C.P. No. 2-K/II-2005, titled as Kiran Bala and others v. Amit and others, whereby compensation to the tune of Rs. 4,95,742/- with interest @ 9% per annum from the date of the claim petition till its deposition came to be awarded in favour of the claimants and against the respondents (Amar Jeet Singh) (for short "the impugned award").
(2.) The claimants have invoked the jurisdiction of the Tribunal, by the medium of claim petition, for grant of compensation on the grounds taken in the memo of the claim petition, was resisted by the respondents and the following issues came to be framed by the Tribunal: "1. Whether Sh. Deepak Chaudhary died on 27.9.2004 due to rash and negligent driving of vehicle No. HP-39 A-5436 and PB-02 L-5035 being driven by respondents No. 1 & 3? OPP 2. If issue No. 1 is proved in the affirmative, whether the petitioners are entitled for compensation, if so, how much and from whom? OP Parties
(3.) Whether respondents No. 1 & 3 were not holding valid and effective driving licence at the time of alleged accident? OPR-2 & 4;