JUDGEMENT
SNEH PRASHAR,J. -
(1.) Assailing the award dated 28.03.2005 passed by learned
Motor Accident Claims Tribunal, Bhiwani (for short, "the Tribunal") in
MACT Petition No.49 of 2002 filed by the claimants (respondents No.3 and
4 herein) claiming compensation on account of death of Pritam (husband of respondent No.3 and father of respondent No.4) in a vehicular accident
that took place on 17.04.2002 due to rash and negligent driving of
tractor No.HR-19A-1779 (hereinafter referred to as "the offending
tractor") by Satbir (respondent No.1), appellants-Pawan Kumar and Lila
Ram, owners of the offending tractor, filed the instant appeal.
(2.) The submissions made by Mr. Anil Ghangas, learned counsel for the appellants and Mr. Parshant, learned counsel for respondent No.2 have
been heard and record perused.
(3.) Learned Tribunal allowed the claim petition filed by the claimants-respondents No.3 and 4 and awarded compensation to the tune of
L 3,69,000/- along with interest at the rate of 4.5% per annum from the
date of filing the petition till the date of actual payment. Finding that
the driving licence possessed by respondent-Satbir was not a valid and
legal document and there had been violation of terms and conditions of
the insurance policy on part of the appellants-owners of the offending
tractor, learned Tribunal direct that the insurance company would pay the
amount of compensation to the claimants and in turn would recover the
amount so paid from the driver and owners of the offending tractor.;
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