The burden of proof lies on the insurer to establish breach of policy conditions, and legal representatives have a right to apply for compensation.

JUDGMENT

Rajnish Bhatnagar, J.

1. The present appeal under section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant- Insurance Company against the Award dated 05.10.2015 passed by the Ld. Tribunal.

2. In brief the facts of the case are that Nihender Singh was working as a Head Constable in Delhi Police. On 28.09.2011, he was on duty for Interceptor checking on the DND Flyover Road going towards Noida, in the Lajpat Nagar Traffic Circle, New Delhi. At about 07.30 AM, one Tavera car (Offending Vehicle) bearing No UP-30A-8891, dark grey colour, was coming from Maharani Bagh side at high speed. The interceptor vehicle announced to the erring driver to reduce the speed but the driver of the offending vehicle failed to do so rather he intentionally increased the speed and tried to flee from the spot. Head Constable Nihender Singh and Ct. Ankit signaled the driver to stop the offending vehicle when it crossed the interceptor but the driver after coming near HC Nihender Singh, extended threats to crush HC Nihender Singh and Ct. Ankit underneath the offending vehicle. When they tried to stop him, the driver accelerated the offending vehicle, hitting Ct. Ankit violently and crushing HC Nihender Singh and then he fled away from the spot. The injured was removed to Max Hospital for medical treatment and thereafter, the injured was referred to Trauma Centre AIIMS, however, the victim succumbed to the injuries sustained in the accident and was declared dead. A case FIR No. 346/2011 under section 302 IPC was registered at Police Station Sunlight Colony, New Delhi.

3. On the basis of the pleadings of the parties, the Ld. Tribunal framed the following issues:

"(i) Whether the deceased Sh. Nihender Singh sufferedfatal injuries in a road vehicular accident that tookplace on 28.09.2011 due to rash and negligent driving of vehicle bearing registration no. UP- 30A-8891 by respondent no.3?

(ii) Whether the petitioners are entitled for any compensation? If so, to what amount and from whom?

(iii) Relief."

4. I have heard the learned counsel appearing on behalf of the Appellant as well as Respondent nos. 1 to 4 and have perused the records of this case.

5. It is submitted by the learned counsel for the Appellant- Insurance Company that the learned Tribunal has failed to consider the fact that son of the deceased was not dependant on the deceased and is gainfully employed with Delhi Police since 2010. It is further contended that the specific assertions made by the Insurance Company in its written statement regarding the invalid/fake driving license was not denied by Respondent no. 5 and 6 before the Ld. Tribunal and the fake driving license was for LMV vehicle whereas the offending vehicle was LMV commercial. It is further submitted that the Ld. Tribunal has erred in awarding exorbitant amount of compensation towards non-pecuniary heads and the income of the deceased has erroneously been taken as Rs. 25,722/- per month.

6. On the other hand, Ld. counsel for the respondent No. 1 to 4 has disputed aforesaid claim of the appellant-Insurance Company with submissions that there is no infirmity in the impugned award dated 05.10.2015 passed by the Ld. Tribunal, inasmuch as the Ld. Tribunal has already dealt with each and every issue raised by the appellant-Insurance Company herein in great detail while passing of the impugned award and contends that there is no merit in the present appeal, accordingly, it deserves to be dismissed.

7. The Ld. Tribunal while deciding the issue of fake driving license of the offending vehicle, made the following observations:

"37. In National Insurance Co. Ltd. V. Swaran Singh & Ors., the Hon'ble Supreme Court of India dealt with the aspect of liability in case of violation of terms of insurance policy. The Hon'ble Court summarised its findings as under:

(ii) Insurer is entitled to raise a defence in a claim petition filed under Section 163A or Section 166 of the Motor Vehicles Act, 1988 inter alia in terms