Proof of rash and negligent driving is essential for maintaining a claim petition under Section 166 of the MV Act.

Mansoor Ahmad Mir, J.

By the medium of this appeal, the appellant-insurer has called in question award, dated 15th December, 2010, made by the Motor Accident Claims Tribunal, Fast Track Court, Chamba, District Chamba (HP) (for short “the Tribunal”) in M.A.C. No. 17/2010, titled as Smt. Brahmi and others versus The Oriental Insurance Company Limited and another, whereby compensation to the tune of Rs.29,98,432/- with interest @ 7.5% per annum from the date of filing of the petition till its realization came to be awarded in favour of the claimants and the insurer was saddled with liability (for short “the impugned award”).

2. The claimants and the owner-insured of the offending vehicle have not questioned the impugned award on any count, thus, has attained finality so far it relates to them.

3. The appellant-insurer has called in question the impugned award on the ground that deceased himself was driving the offending vehicle rashly and negligently at the time of the accident, the claimants are the parents and children of the deceased and the owner-insured is the wife of the deceased, thus, the claim petition was not maintainable.

4. Heard learned counsel for the parties.

5. The following points arise for determination in this appeal:

(i) Whether the legal representatives/heirs of deceased-Desh Raj, who was driving the offending vehicle at the relevant point of time and caused the accident, can file a claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short “MV Act”) for grant of compensation? and

(ii) Whether the claim petition was maintainable?

6. In order to determine both these points, it is necessary to give a brief resume of the facts of the case herein.

7. The claimants invoked the jurisdiction of the Tribunal under Section 166 of the MV Act for grant of compensation to the tune of Rs.30,00,000/-, as per the break ups given in the claim petition, on the ground that they lost their bread earner, namely Shri Desh Raj, in the vehicular accident, while driving the car, bearing registration No. HP-54-2475, on 16th February, 2010, at about 4.30 P.M., at place Nand Gram near Maredi, P.S. Chamba, on his way back from Government Senior Secondary School, Jadera.

8. The respondents in the claim petition, i.e. the insurer and the owner-insured of the offending vehicle, have filed the replies. The insurer has resisted the claim petition whereas the owner-insured, who is the widow of deceased-Desh Raj, has not resisted the claim petition.

9. On the pleadings of the parties, following issues came to be framed by the Tribunal:

“1. Whether Des Raj died on 16.2.2010, at about 4.30 PM at Nand Gram near Maredi within the jurisdiction of P.S. Chamba in a vehicular accident involving vehicle No. HP-54-2475? OPP

2. If issue No. 1 is proved in affirmative, whether the petitioners being dependant of deceased are entitled for the grant of compensation, if so, to what amount and from which of the respondents? OPP

3. Whether the respondent No. 1 is liable to indemnify the owner in respect of death of deceased, who is husband of owner of offending vehicle? OPR-2

4. Whether the petition is not maintainable? OPR-1

5. Whether the offending vehicle was not having valid registration certificate, fitness certificate, valid route permit etc. if so, its effect? OPR-1

6. Whether the driver of the offending vehicle was not holding a valid and effective driving licence? OPR-1

7. Whether the deceased was not third party? OPR-1

8. Relief.”

10. In support of their claim, the claimants examined Dr. Davinder Kumar as PW1, Shri Pankaj Kapoor as PW2, HC Pawan Kumar as PW4 and one of the claimants, namely Sh. Sarwan Kumar, himself stepped into the witness box as PW3. The insurer examined Shri Ramesh Kumar, Branch Manager, as RW1. The owner-insured has not led any evidence.

11. The Tribunal, after scanning the evidence, oral as well as documentary, held that the claimants are the victims of the vehicular accident, which was caused by deceased-Desh Raj while dri