JUDGMENT :

Satyen Vaidya, J.

By way of instant appeal, the owner/insurer has assailed Award dated 01.03.2019 passed by Motor accident Claims Tribunal, Shimla, H.P. in MACP No. 19-T/2 of 2014 on the ground that he was entitled for indemnification from insurer/respondent No.5 herein.

2. Vehicle bearing registration No. HP-63-1602 (Bolero Camper) manufactured by Mahindra and Mahindra was owned by the appellant herein (hereinafter referred to as the “owner”). On 03.10.2013, the above said vehicle met with an accident at place near Janol, Tehsil Kotkhai, District Shimla, H.P. At the time of accident, the vehicle was being driven by the owner. One of the occupants of the vehicle Shri Jeet Bahadur died as a result of injuries suffered by him due to accident. Respondents No.1 to 4 herein (hereinafter referred to as “claimants”) preferred petition under Section 166 of the Motor Vehicles Act (hereinafter referred to as the “Act”) claiming compensation against the owner and the insurer by alleging the acts of rashness and negligence in driving the vehicle by the owner.

3. The claimants averred in the claim petition that deceased Shri Jeet Bahadur was labourer in the offending vehicle and he was e