Tarlok Singh Chauhan, J. - (1.) This appeal at the instance of the owner and driver of the offending vehicle takes exception to the award dated 31.10.2012 passed by the learned Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr, in M.A.C. petition No. 47/2009, whereby he awarded a sum of Rs.9,77,000/- along with interest @ 8.5% per annum from the date of the petition till realization in favour of the claimants/respondents No. 1 to 5 and against the appellants.
(2.) The brief facts giving rise to the present appeal are that a claim petition under Section 166 of the Motor Vehicles Act (in short, 'the Act') came to be filed by the claimants/respondents No.1 to 5 claiming compensation on account of death of Inder Devi, in a vehicular accident involving vehicle No. HP-26-0590, in which, she had been travelling on 17/2/2009. It was alleged by the claimants that at the relevant time the vehicle was owned by appellant No.1 and being driven by appellant No.2 in a rash and negligent manner. The deceased had boarded the vehicle from Chaura to Rupi at about 6.00 P.M. and when it reached Dumpti near Nigulsari, it met with an accident and as a result whereof, the deceased sustained multiple injuries on her person. The deceased was firstly attended by Medical Officer, MGMSC, Khaneri and thereafter was referred to PGI Chandigarh, where she died on 19.2.2009. An FIR No.26/2009 dated 18.2.2009 was registered at Police Station Bhabanagar against appellant No.2.
(3.) The appellants contested the petition by filing separate replies, wherein appellant No.1 denied that he was the owner of the vehicle at the time of accident and claimed to have sold the same about 7 months prior to the accident to one Ram Bhagat. Appellant No.2 in his reply denied that he was driver of the vehicle at the relevant time and averred that criminal case had wrongly been registered against him.;