- (1.) This is an appeal by the claimants before the learned Motor Accident Claims Tribunal, Chandigarh, who sought compensation for the unfortunate death of their son, Nikhil Kumar, in a motor vehicle accident that took place on 24.10.2003 in Mohali, allegedly due to the rash and negligent driving of respondent No.1, who was driving a truck bearing registration No.PUT-2935. The appellants seek enhancement of the compensation of Rs.3,30,000/- awarded by the learned Tribunal. Interest @ 9% per annum, on the aforesaid sum, was also awarded, running from the date of the filing of the claim petition till the date of the Award. It was further held by the Tribunal that in case compensation was not paid by the 3rd respondent, i.e. the insurance company (presently respondent No.4) with which the truck was insured, interest @ 9% per annum would further be payable till the date of realization of the amount. Thus, in fact, interest was awarded @ 9% till the date of realization. However, since it was found that respondent No.1 was not holding a valid driving licence on the date of the accident, the insurance company was held entitled to recover the amount of compensation from respondents No.1,2 and 2-A, i.e. present respondents No.2 and 3. Respondent No.3 herein was found to be the owner of truck, who was also insured by the insurance company, but the custody of the truck was found to be that of respondent No.2, Inderbir Singh.
(2.) The facts, as taken from the Award of the learned Tribunal, are that on 24.10.2003, Nikhil Kumar was going from his residence in Sector-70, Mohali, to appear in the final exam of a diploma course that he was studying for, at Sector-38, Chandigarh, on a scooter bearing registration No.CH-23-T- 7800. When he reached the "chowk" on the road dividing Sector-71 and Phase 3B-2, Mohali, a truck driven by respondent No.1 came from the opposite side, allegedly driven at a very high speed, in a rash and negligent manner, which came on to the wrong side of the road and hit the scooter of the deceased, which was on the correct side of the road. The deceased sustained injuries and was moved to Cheema Hospital, Mohali, but succumbed to his injuries the next day, i.e. 25.10.2003. He is stated to have been 18 years of age at the time of the accident, studying for a diploma course in Electrical Engineering, from the National Open School, New Delhi. He was also stated to have been operating a 'Playwin Online Lottery Terminal', from which, it was claimed, he was earning approximately Rs.10,000/-. He was stated to be the only son of the claimants. A sum of Rs.15,000/- was stated to have been spent on his medical treatment, and another Rs.15,000/- on his last rites.
(3.) Upon notice, respondent No.2 contested the petition and filed his written statement and firstly stated that no such accident had taken place with truck bearing registration No.PUT-2935, which he had purchased from Gurinder Singh and for which the transfer of ownership was under process. The Oriental Insurance Company Limited also contested the petition by filing its written statement, stating that the driver of the 'offending vehicle' was not holding a valid driving licence at the time of the accident and that the vehicle was being driven in violation of the terms and conditions of the insurance policy, which otherwise was admitted. The negligence of respondent No.1 was, however, still denied, further stating that in any case the company was not liable to pay the compensation. The driver, respondent No.1, not having appeared, was proceeded against, ex parte.;