Kuldip Singh, J.- This appeal has arisen out of award dated 1.7.2000, passed by the Motor Accident Claims Tribunal, Shimla, in MACC No. l-S/2 of 1999, dismissing the claim petition, under Section 163-A of the Motor Vehicles Act (for short the Act), of the petitioner. For convenience, the parties are referred in the same manner, as in the impugned award.

2. The brief facts are that petitioner allegedly suffered injuries in car accident bearing No. HIS-2010 owned by respondent No. 1 and insured with respondent No. 2 and was being driven by petitioner at the time of accident. The respondent No. 1 is the wife of petitioner. The accident took place on 4.2.1998 at Jabli in Solan District, when petitioner was trying to save a child. In the accident petitioner suffered multiple injuries including fracture of left leg, which has resulted in permanent disability. The petitioner has claimed Rs. 5, 00,000/-, as compensation.

3. The respondent No. 1 was proceeded ex parte. The respondent No. 2 insurer filed the reply and has taken the plea that the petition is not maintainable. The further case of the respondent No. 2 is that the car was being driven in violation of the terms and conditi