Mahesh Chandra Sharma, J. - (1.) THIS appeal has been filed against the award dated 28.8.2008 passed by Judge, Motor Accident Claims Tribunal (Additional District Judge Fast Track No. 1) Sikar, in MACT case No. 78/2008 whereby claim petition of the claimant was allowed and he has been granted compensation in the amount of Rs. 3,19,000/ -. The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary.
(2.) BRIEF facts of the case are that on 17.3.2007 at about 2.30 p.m. the deceased Pratap Singh was going to school by his cycle. Suddenly one tempo No. RJ 23 PA 0556 which was being driven by the respondent No. 3 in rash and negligent manner hit the deceased cycle from front side. The deceased sustained grievous injuries on his person who succumbed to injuries. He was a student of Tenth standard and also doing work in agriculture field. First information report was lodged against the respondent No. 3 driver of the Tempo and charge sheet was also filed against him. The respondent No. 3 filed reply to the claim petition and Denied that the accident took place due to negligence of the driver. The accident took place due to negligence of the deceased. The appellant insurance company also filed reply to the claim petition and denied the allegation made therein. The appellant has stated that the driver was not having valid and effective driving license. The respondent No. 3 who was insured owner did not inform about accident to the insurer. There was a breach of policy because the fitness certificate and permit to ply the vehicle outside the municipal area of Sikar were not produced.
(3.) ON the basis of the pleadings of the parties, the MACT framed three issues. Two witnesses were produced by the claimants. The insurance company produced one witness. The MACT decided all the issues in favour of the claimants and vide award dated 28.8.2008 awarded compensation in the amount of Rs. 3,19,000/ - with 6.25% interest per annum from the date of filing of the claim petition.;