- (1.) The present first appeal has been preferred against the award dated 08.01.2013 passed by the learned Motor Accident Claims Tribunal (for short 'Tribunal'), Hissar, vide which the claim petition filed by the appellant-claimant under Section 166 of the Motor Vehicles Act, 1988 (for short 'Act') for grant of compensation to the tune of Rs. 2 lacs on account of the damage caused to his generator set has been dismissed by the learned Tribunal, Hissar.
(2.) The claim petition has been contested by the respondents by filing the separate written statements. Respondent no. 1 has pleaded his false implication only to extract the compensation. Respondent no. 2- Insurance Company has raised the legal plea that respondent no. 1 was not holding the valid and effective driving license on the date of the accident. Respondent-Insurance Company has also alleged the false implication of respondent no. 1 by the appellant-claimant and both the respondents denied their liability to pay the compensation.
(3.) From the pleadings of the parties, the following issues were framed by the Tribunal:- 1. Whether the accident in question occurred due to rash and negligent driving of offending vehicle bearing No. HR-55-A- 5080 by respondent no.1 OPP 2. Whether the petitioner is entitled to recover the compensation from the respondents, if so, to what extent OPP 3. Whether the petition is not maintainable in the present form OPR 4. Relief.;