The main legal point established in the judgment is the liability for compensation in cases of death due to rash and negligent driving, breach of insurance policy terms, and the requirement of a valid driving license for the driver.

JUDGMENT

Ajay Mohan Goel, J —By way of this appeal, appellant has challenged the award passed by the Court of learned Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr in MAC Petition No. 99 of 2009 dated 30.11.2012, vide which the claim petition filed before learned Tribunal by respondent No. 1/ claimant stood allowed in the following terms:-

"As a sequel to my findings on the above issues, this petition is allowed and accordingly, the petitioner is granted total compensation of Rs.2, 05, 000/- along with interest @ 8.5% per annum from the date of petition till realization including the compensation, if any, awarded u/s 140 of the Act. The aforesaid amount is liable to be paid by respondent No.2, being owner and respondent No. 3, being driver of the vehicle jointly and severally. As mentioned above, respondent No. 1, the insurer, cannot be issued direction to deposit the aforesaid amount of compensation and then to recover it from respondents No. 2 and 3. Memo of costs be prepared. File, after its due completion, be consigned to record room."

2. Brief facts necessary for adjudication of the present appeal are that as per the case of respondent No. 1/ claimant, hereinafter referred to as the claimant, deceased Tikkam Dass son of the claimant was travelling in a vehicle bearing registration No. HP-06A-0879 on 30.08.2009 from Taklech to Nogli in District Shimla which vehicle was boarded by him after watching schools tournament. At around 06.30 P.M. when the vehicle reached at a place near Khanortu, on Taklech road, it met with an accident, as a result of which, Tikkam Dass died on account of injuries sustained by him in the accident. Thereafter, FIR No. 168/2009 was registered on 30.08.2009 at Police Station Rampur Bushahr. As per the claimant, the accident took place on account of rash and negligent driving of the person driving the vehicle i.e. Janardan. The vehicle was owned by Shobha Ram (present appellant) which was insured with IFFCO TOKIO, General Insurance Company. At the time of death of the deceased, his age was 16 years and he was undergoing his studies in Government High School, Bhrawali, Tehsil Rampur, District Shimla, in 8th Class and was having a bright future. On these basis, the claimant filed claim petition praying for compensation to the tune of Rupees Ten Lac on account of untimely death of Tikkam Dass in the accident.

3. Insurance Company contested the claim petition inter alia on the ground of its maintainability including the factum of the driver not possessing a valid and effective driving licence. Even the factum of deceased dying as a result of the accident was denied alongwith other contentions raised by the claimant.

4. Owner of the vehicle i.e. present appellant and driver thereof, filed a joint reply in which the stand on merit taken by them was that the deceased had hired the vehicle to carry his luggage and goods from Taklech to Nogli alongwith other occupants, on contributory basis. The occurrence of the accident on account of rash and negligent driving was disputed. As per them, the accident took place due to sudden mechanical defect, which had developed in the vehicle.

5. On the basis of the pleadings of the parties, learned Tribunal framed the following issues:-

"1. Whether late Sh. Tikkam Dass had died on account of the injuries sustained by him due to rash and negligent driving of vehicle No. HP-06A0879, being driven by respondent No. 3, as alleged? OPP

2. If issue No. 1 is proved to what amount of compensation, the petitioner is entitled to and from whom? OPP

3. Whether the offending vehicle was being plied in breach of terms and conditions of the Insurance Policy? OPR-1

4. Whether the driver of the offending vehicle was not possessed of a valid and effected driving licence at the relevant time? OPR-1

5. Whether the driver and owner of the offending vehicle had allowed the passengers to travel in it beyond its capacity, as alleged. If so, its effect? OPR-1

6. Relief.

6. On the basis