Rekha Mittal, J. - (1.) This order will dispose of FAO Nos.4495, 4496 and 4756 of 2016 as these have emerged out of the same award dated 05.04.2016 passed by the Motor Accidents Claims Tribunal, Jind. For brevity, facts are taken from FAO No.4495 of 2015.
(2.) Counsel for the appellant (New India Assurance Co. Ltd.) has assailed the award primarily on two counts. The first submission made by counsel is that as four persons were travelling on motorcycle bearing No.HR-26-BE-3067 driven by Amarjeet son of Ram Mehar, one of the alleged injured/victim,, the victims are guilty of violating the provisions of Section 128 of the Motor Vehicles Act, 1988 (for short 'the Act'). In addition, it is argued that as the motorcycle is meant for use of two persons namely the driver and passenger on the pillion seat, the very fact that four persons were travelling on the motorcycle is sufficient to prove that the driver could not occupy sufficient space and thus rendering him unable to control the vehicle. It is argued that in view of the facts and circumstances of the case, the injured/victims are to be attributed contributory negligence and, therefore, compensation awarded by the Tribunal is liable to be reduced to the extent of negligence attributable to them.
(3.) Another submission made by counsel is that the insurance company summoned an official from the office of RTA/DTO Fatehabad, along with record of driving licence of Dharambir son of Kesara Ram and on the summons issued by the Court , a report was received that licence No.51/RTA/FBD is of the year 1997 but the authority has been constituted in the year 2001. It is vehemently argued that the report received on the summon under the seal of Secretary, Regional Transport Authority, Fatehabad is sufficient to establish that driving licence possessed by the driver was invalid, therefore, the insurance company is liable to be exonerated of its liability or in the alternative entitled to be given recovery rights against the insured by invoking Section 149 of the Act.;