- (1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 ('the Act') has been filed by the appellant-insurance company aggrieved by the judgment and award dated 11.3.1999 passed by the Motor Accidents Claims Tribunal, Sriganganagar ('Claims Tribunal'), whereby the claimants have been awarded a sum of L 1 lac as compensation.
(2.) Brief facts of the case are that the claimants Smt. Kuldeep Kaur and Nanak Singh filed an application for compensation before the Tribunal with the averment that on 20.10.1996 at around 7:00 a.m. their daughter Harjinder Kaur was struck by a Truck No. RJ-13G-1171, which was driven rashly and negligently by Mangal Singh. The said collusion resulted in death of said Harjinder Kaur. The claimants claimed compensation to the tune of L 1,30,000/-. The application for compensation was replied by the respondents No. 3 & 4 and the averments made in the application were disputed. It was also disputed that the vehicle was being driven rashly and negligently.
(3.) On behalf of the insurance company also, a reply to the application was filed and inter-alia it was submitted that the driver of the vehicle was not having a valid and effective driving licence and no information of accident was given to the insurance company and the vehicle was not being driven in the employment of the insured. The Tribunal framed four issues.;