JUDGMENT

Satyen Vaidya, J. - This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 19.12.2012 passed by learned Motor Accident Claims Tribunal, Fast Track Court, Chamba, H.P. (for short 'Tribunal') in M.A.C. No. 72/12/11 whereby the claim petition filed by the appellants/claimants, was dismissed.

2. Brief facts of the case are that the appellants filed claim petition No.72/12/11 seeking compensation to the tune of Rs.8,00,000/- under Section 166 of the Motor Vehicles Act, 1988 (for short 'Act') on account of death of Sh. Sunil Kumar S/o Sh. Dharam Pal in the capacity of his legal representatives.

3. It was stated in the claim petition that the deceased was the owner of the vehicle involved in the accident and he himself was driving the vehicle. The vehicle was insured with the respondent.

4. Respondent contested the petition on the grounds that the petition was not maintainable. Insured had intentionally made breaches of the terms and conditions of the policy. The petition under Section 166 of the Act was not maintainable in view of the provisions of Section 147 of the Act. The driver-cum-owner i.e. the deceased Sunil Kumar was not possess