The main legal point established in the judgment is that the insurer must prove any breach on the part of the owner to seek exoneration from liability, and the violation of the route permit is not necessarily a violation of the insurance policy's terms and conditions.

Mansoor Ahmad Mir, J.

Both these appeals are the outcome of a motor vehicle accident, which was caused by driver, namely, Kuldeep Singh while driving the truck bearing registration No.HR-37A-5735, rashly and negligently. Therefore, both the appeals are taken up together for final disposal.

2. Claimants in MAC Petition No.34/03 RBT 7/05/03 are the legal representatives of deceased Gurmail Singh, who filed the Claim Petition claiming compensation to the tune of Rs.9.00 lacs, as per the break-ups given in the Claim Petition The injured Narinder Kumar also filed the Claim Petition, which was registered as MAC Petition No.35/03 RBT 6/05/03, titled Narinder Kumar vs. Kuldeep Singh and others, claiming compensation to the tune of Rs.4.00 lacs, as per the break-ups given in the Claim Petition.

3. Precisely, the facts of the case are that on 21st November, 2002, deceased Gurmail Singh alias Mela Ram, alongwtih one pillion rider, namely, Narinder Kumar, was going on his motorcycle bearing registration No.HP-19A- 1576, and when they reached at Amb at about 10.30 p.m., a truck bearing registration No. HR-37A-5735 was parked in the middle of road, without any indicator as per the requirement and mandate of the Motor Vehicles Act and Rules. The said Gurmail Singh applied the brakes, but, despite taking all precautions, the motorcycle struck with the truck resulting into injuries to Gurmail Singh, who lateron succumbed to the same. The pillion rider Narinder Kumar also suffered injuries in the said accident.

4. The claim petitions were resisted by the respondents by filing replies. The Tribunal, after examining the pleadings of the parties, framed similar issues and the issues framed in Claim Petition No.34/03 RBT 7/05/03, (subject matter of FAO No.286 of 2009), are reproduced below:

“1. Whether deceased Gurmail Singh had died because of negligence on the part of the respondent No.1 being driver of truck No. HR-37A-5735, as alleged? OPP

2. If issue No.1 is proved in the affirmative whether the petitioner is entitled to compensation. If so, how much and from whom? OPP

3. Whether the petition is not maintainable as alleged? OPR

4. Whether the petition is bad for non-joinder and mis-joinder of parties, as alleged? OPR.

5. Whether accident in question took place because of rash and negligent driving of motor-cycle No.HP-19A-1576 by deceased Gurmail Singh himself as alleged, if so, it effect? OPR

6. Whether driver of truck No.HR-37-5735 was not holding any valid and effective driving licence at the time of accident in question, if so, its effect? OPR

7. Whether the petition is vague, baseless and does not disclose any cause of action against respondent No.3, as alleged. If so, its effect? OPR 3 & 4

8. Whether the deceased Gurmail Singh was driving the vehicle in question at the time of accident in question without any valid and effective driving licence. If so, its effect? OPR 4

9. Whether the vehicle NO.HP-19A-1576 was being driven in violation of the terms and conditions of the insurance policy at the relvant time. If so, its effect? OPR.4

9A. Whether the truck NO.HR-37A-5735 was being plied without any valid and effective route permit and fitness certificate at the relevant time, if so its effect? OPR.3.

10. Relief.”

5. Parties led their evidence. The Tribunal, after examining the pleadings and evidence, allowed both the Claim Petitions, vide two separate awards, dated 16th February, 2009. In the Claim Petition filed by the legal representatives of deceased Gurmail Singh, the Tribunal awarded a sum of Rs.2,10,000/-, with interest at the rate of 7.5% per annum, from the date of filing of the claim petition till the payment, (subject matter of FAO No.286 of 2009). In the Claim Petition filed by the injured Narinider Kumar, the Tribunal awarded a sum of Rs.12,500/-, with interest at the rate of 7.5% per annum, from the date of filing the claim petition till deposit, (subject matter of FAO No.285 of 2009). The insurer was saddled with the liability at t