SANDEEP MEHTA, J. - (1.) The instant appeal has been preferred by the appellants [non-claimants owner and driver of the offending vehicle) against the judgment cum award dated 10.5.2011 passed by learned Motor Accident Claims Tribunal, Nohar, District Hanumangarh in M.A.C. No. 48/2007 whereby, whilst allowing the claim application filed by the claimants, they were awarded compensation of 1,97,800/- and while holding the appellants jointly and severally liable to satisfy the award, the respondent No. 6 Insurance Company was exonerated from the burden to indemnify the award.
(2.) Facts in brief are that the vehicle being Tata-407 bearing registration No. RJ 31.GA.0511 owned by the appellant No. 1 and driven by appellant No. 2 was involved in an accident with a motor cycle on 14.9.2007. In the collision, Munshi Ram and Sher Singh who were riding the motor cycle received numerous injuries. Munshi Ram expired as a result of the injuries received by him in the accident. A charge-sheet was filed against the appellant No. 2 after investigation of the F.I.R. No. 518/2007 registered for the accident. The claimants filed a claim application [praying for a total compensation of 40,88,000/-.
(3.) The Insurance Company filed a written statement taking a plea of rash and negligent driving by the motor cycle driver to be the cause of the accident and also regarding the driver of the Tata-407 Vinod Singh the appellant No. 2 not having an appropriate licence to drive the vehicle. On the strength of these contentions in the written-statement, the Insurance Company pleaded that there was a breach of the conditions of the insurance policy and therefore, the Insurance Company was not liable to satisfy the award.;