JUDGMENT :

Sandeep Sharma, J.

1. By way of instant appeal filed under S. 173 of the Motor Vehicles Act (for short 'Act'), challenge has been laid to award dated 24.6.2017, passed by learned Motor Accident Claims Tribunal (I), Kangra at Dharamshala, District Kangra, H.P. in MACP (RBT) No. 133-K/II/13/10, titled Jagdish Kumar and others v. Sh. Jagdish Chand and another, whereby claim petition having been filed by respondents Nos. 1 to 3/claimants (hereinafter 'claimants') under S. 166 of the Act, praying therein for compensation to the tune of Rs. 10.00 Lakh with interest at the rate of 12% per annum, from the date of accident, came to be allowed and an amount of Rs. 5,67,000/- came to be awarded in favour of the claimants with interest at the rate of 7.5% per annum from the of filing of the petition till realization.

2. Precisely, the facts as emerge from the record are that the claimants, on account of death of their mother, Mehri Devi, who unfortunately, died in a road accident, filed claim petition under S. 166 of the Act for compensation. Facts, emerging from the record reveal that on 21.06.2009, deceased Mehri Devi, mother of the claimants had gone to Mata Kunal Pathri temple, Dharamshala, to pay obeisance along with others. After paying obeisance in the temple, deceased alongwith many other persons was standing on the roadside. Record further reveals that the offending truck bearing registration No. HP-40-6982, which was being driven by its driver (deceased Ajay Kumar), suddenly came towards the deceased and the other persons standing on the road and struck against them, as a consequence of which, many persons died including the deceased Mehri Devi, mother of the claimants, whereas, many other persons sustained injuries. The claimants claimed before the learned Tribunal below that their mother, Mehri Devi, was earning an amount of Rs. 5000/- per month, from sale of milk and from agriculture pursuits and as such, they are entitled to compensation of Rs. 10,00,000/- from the respondents with interest at the rate of 12% per annum from the date of accident till the date of realization. FIR bearing No. 140/2009, also came to be registered against respondent No. 4, Jagdish Chand as well as driver of the vehicle) deceased Ajay Kumar on 21.6.2009.

3. The aforesaid claim put forth by claimants, came to be resisted on behalf of respondents, who in their reply claimed that on the day of accident, they were going to Pathankot, for bringing bricks. Driver of the vehicle had parked it at Kunal Pathri Mandir complex and unfortunately, some children, who had gathered near the truck opened the cabin of the driver and mishandled the gear lever, as a result of which, the truck fell down in the Nallah. They further submitted before learned Tribunal below that the deceased Ajay Kumar had parked the truck carefully on the road and never hoped that the children would come near the truck and mishandle it. Precisely, the case of the respondents, before the learned Tribunal below was that accident took place due to mishandling of gear lever by the children.

4. Appellant/Insurance Company, who being insurer of the offending vehicle, came to be saddled with the liability to pay compensation, opposed the claim of the claimants on the ground that the driver of the truck, Ajay Kumar was not having a valid and effective driving licence on the date of accident and as such, it is not liable to pay compensation to the claimants. Besides above, Insurance Company, also claimed that since the offending vehicle was being plied in violation of terms and conditions of the policy, it cannot be fastened with liability to pay compensation, if any, to the claimants. Appellant-Insurance Company, specifically submitted before learned Tribunal below that the petition is not maintainable against it as the deceased alongwith other passengers was traveling as a gratuitous