HARINDER SINGH SIDHU,J. - (1.) This is an appeal by the Insurance Company (Bajaj Allianz General Insurance Company Limited) against the Award dated 27.1.2016 of the Motor Accident Claims Tribunal, Sangrur (for short 'the Tribunal'), whereby, compensation of Rs.34,67,824/ - was awarded to the claimant - respondents for the death of Gurmail Singh in a vehicular accident. Brief facts of the case are that Gurmail Singh (deceased) was employed as Line man in the Punjab State Power Corporation Ltd. (PSPCL). On 11.1.2015 at about 8 AM, he was going from Sangrur to village Bhindran on his Activa Scooter bearing registration No.PB -13R -5188 for installation of new electric meters and for recording the readings of the electric meters. When he reached at a distance of 500 yards away from the Gate of New Mastuana Sahib towards Bhawanigarh in the revenue limits of village Mangwal, Tehsil and District Sangrur, a Zeta Volkswagen car bearing registration No.PB -31K -0079 driven rashly and negligently by Harjinder Singh - respondent no.4 came from the wrong side and struck against the Activa Scooter. As a result thereof, Gurmail Singh fell on the road and received serious injuries. The said car also dragged Gurmail Singh along with his scooter up to a distance of 10/11 feet. While on the way to Hospital, Gurmail Singh succumbed to the injuries.
(2.) The legal representatives of the deceased filed claim petition under Section 166 of the Motor Vehicles Act, 1988 pleading that the deceased was aged about 56 years and working as Line man in PSPCL, Sub Division (Sub urban Sangrur). His monthly income was Rs.49,816/ - and Rs.12,350/ -were being deducted in GPF.
(3.) Upon notice, respondents No.4 and 5 filed separate written statement controverting the case of the claimants and stating that false FIR has been got registered against respondent No.4 by the police in connivance with the claimants. Appellant ­ insurer filed separate written statement and pleaded collusion. Pleadings of the parties led to the framing of following issues: - "1. Whether the Gurmail Singh died in a Motor vehicle accident which took place on 11.1.2015 at about 8.00 A.M in the area of village Mangwal on account of rash and negligent driving of car bearing registration No. PB -13K -0079 by respondent No.1 Harjinder Singh? OPA. 2. If issue No.1 is proved whether the claimants are entitled to compensation, if so to what extent and from which of the respondents? OPA. 3. Whether the driver of car No.PB -13K -0079 was not holding valid and effective driving licence at the time of accident, if so its effect? OPR 4. Whether the owner of car has committed breach of any other condition of the Insurance Policy, if so its effect.? OPR 5. Relief." ;