Rajiv Sharma, J.

1. This FAO has been filed against the award dated 30.9.2004 passed by the Motor Accident Claims Tribunal, Solan in MAC petition No. 33-S/2 of 2004.

2. The brief facts necessary for the adjudication of this appeal are that on 21.2.2004 the deceased had gone to Parwanoo. Around 12.30 p.m. when he was crossing a road at Parwanoo Chowk, Maruti Van No. HP-01-1280 appeared from Kalka side at a very fast speed. It hit the deceased. The deceased sustained fracture of ribs. The fractured ribs hurt the lungs, heart and spleen which resulted in the death of the deceased. The claimants filed the claim petition seeking compensation of Rs. 5,00,000/-. The owner resisted the claim and alleged that accident took place because of deceased own negligence. The appellant-company also resisted the petition by filing reply. It was alleged by the insurance company that respondent No. 6 hereinafter referred to as the owner and driver did not possess valid and effective driving licence. The learned Motor Accident Claims Tribunal on the basis of the evidence led by the parties awarded a sum of Rs. 1,35,000/- as compensation together with costs of the petition and interest @ 9% per an