JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in these appeals is to the order passed by a Division Bench of the Uttaranchal High Court. Three appeals filed by the appellant against the common judgment and award dated 10.10.2003 passed by Motor Accidents Claims Tribunal, District Judge, Tehri Garhwal (in short the ‘MACT’) were dismissed. It is the case of the claimants who filed a Claim Petition under Section 166 of the Motor Vehicles Act, 1988 (in short the ‘Act’) that because of rash and negligent driving of the driver of the vehicle i.e. UP.07-F-4885 the vehicle fell into a ditch resulting in the death of three persons namely, Sohan Singh, Uttam Singh and a boy Rakesh Singh aged about 12 years. The dependants of the deceased filed three Claim Petitions for compensation. The appellant-Oriental Insurance Company took the stand the accident occurred due to mechanical failure of the vehicle and in any event the insurance company had no liability as the offending vehicle was being driven in violation of the terms and conditions of the policy and the driver of the offending vehicle did not have a valid driving license. The MACT took the view that the policy was oper