- (1.) THIS appeal is directed against the judgment and award dated 22.11.2008 passed by Motor Accident Claims Tribunal, Camp Shahpura ('the Tribunal'), whereby for death of one Rakesh, the Tribunal has awarded a sum of Rs.3,15,000/ - alongwith interest @ 9% p.a. from the date of application i.e. 25.1.2006.
(2.) THE facts in brief may be noticed thus : the deceased Rakesh was riding on a motor -cycle, which met with an accident with the PICK -UP owned by the legal representatives of Kailash Chandra and insured by the appellant -National Insurance Company. The legal representatives filed an application seeking compensation with the averments that the deceased was aged 35 years and was involved in the agriculture labour. A reply to the application was filed by the Insurance Company disputing the averments made in the application, it was claimed that the accident did not occur from the alleged vehicle, FIR was lodged with delay, the deceased was not in possession of valid and effective driving licence, the vehicle was not having valid permit and the deceased had contributed to the said accident.
(3.) AFTER evidence was led by the claimants and the Insurance Company, the Tribunal came to the conclusion that the accident occurred on account of rash and negligent driving by the driver of PICK -UP. However, as the deceased was not in possession of valid and effective driving licence, it was held that his contributory negligence was to the extent of 25%, the PICK -UP was not in possession of valid permit and therefore, the Insurance Company was entitled to recover the said amount from the owner of the vehicle.;