AJAY KUMAR MITTAL, J. - (1.) THIS appeal filled by the Insurance Company is directed against the award dated 22.3.2006 passed by the Motor Accident Claims Tribunal, Fatehgarh Sahib (for brevity, " The Tribunal') awarding a compensation of Rs. 3,50,000/- to the claimants on account of death of Prem Verma in a motor vehicle accident.
(2.) IN nutshell, the facts of the case are that on 7.11.2004 at about 3.00 P.M., Prem Verma was going from Morinda to Bassi Pathana in car bearing No. HR-06C-9080 being driven on the left side at a slow speed and when it reached in the area of Bahadurgarh behind Baba Mazaar, a truck bearing registration No. HR-58A-2215 being driven by its driver rashly and negligently came from the opposite direction on the wrong side of the road and struck against the car. Prem Verma died on account of the injuries received by him in the accident. It was pleaded that Prem Verma was 26 years of age and was earning Rs. 5,000/- per month from the business of jewellery. The claimants filed a claim petition for compensation before the Tribunal on account of the death of Prem Verma. Upon notice, the driver and the owner of the offending vehicle, i.e. truck filed a joint written statement. The factum regarding the death of Prem Verma was denied for want of knowledge. It was pleaded that no accident had taken place with truck No. HR58A-2215 and a false FIR has been lodged against the driver. It was further pleaded that the said truck was insured with the Oriental Insurance Company Ltd. Yamuna Nagar vide Cover Note No. 629351 dated 15.5.2004. The Insurance Company in the written statement pleaded that the driver of the said truck was not holding a valid and effective driving licence at the time of the accident and that the claim petition was bad for non- joinder of the owner, the driver and the insurer of the car bearing registration No. HR06C-9080. Denying the averments made in the claim petition, the prayer for dismissal of the claim petition was made.
(3.) FROM the pleadings of the parties, the Tribunal framed the following issues : "1. Whether respondent No. 1 Gurmit Singh caused the death of Prem Verma, on account of rash and negligence driving of truck No. HR-58A-2215 on 7.11.2004 in the area of village Bahadargarh ? OPP 2. Whether claimants are entitled to compensation, if so, how much and from whom ? OPP 3. Whether respondent No. 1 was not holding a valid driving licence at the time of alleged petition ? OPR-3 4. Whether the claim petition is bad for non joinder of owner, driver and insurer of car No. HR-6C-9080 ? OPR-3 5. Whether the truck in question was not having a valid route permit at that time ? OPR-3. 6. Relief." ;