Mr. Surinder Gupta, J.: - This is appeal against award dated 25.02.2011 passed by the Motor Accident Claims Tribunal, Sonepat (later referred to as ‘the Tribunal’) whereby claim petition filed by Lilawati for the death of her son Subhash @ Ganga in a motor accident with truck (container) bearing registration No. HR-47A-3781 (later referred to as ‘the offending vehicle’) was dismissed.

2. Case of the claimant, in brief, is that on 17.07.2009, Subhash @ Ganga (deceased) alongwith one Bijender Singh son of Thanan Singh was going to Singhola, Delhi from Prem Colony, Kundli, Sonepat on a motorcycle bearing registration No. DL- 8SND-1059. The motorcycle was being driven by Subhash @ Ganga. When they reached near Batra Petrol Pump on main G.T. Road at about 06.00 a.m., the offending vehicle came from opposite side, which was being driven by respondent no. 1 in a rash and negligent manner. The offending vehicle dashed against the motorcycle of deceased as a result of which he fell on left side of the road while Bijender Singh fell on right side of the road. Front wheel of the offending vehicle ran over the body of deceased who died at the spot. The dead body of deceased was taken to Babu Jagjivan Ram Samarak Hospital, Delhi where his postmortem was conducted. Injured-Bijender Singh was shifted to Raja Harish Chander Hospital, Narela where he was medico-legally examined and was later discharged.

3. The claimant alleged that deceased was 22 years of age and was running a shop which he had taken on rent from Dharambir Khatri of Sonepat. He was earning Rs.12,000/- per month and was contributing Rs.10,000/- for household expenses. The claimant suffered mental agony, shock and was deprived of love and affection, guidance and services of the deceased.

4. Respondents no. 1 and 2 i.e. driver and owner of the offending vehicle did not appear to contest the claim petition and were proceeded ex parte.

5. In the written statement filed by respondent no. 3- Insurance Company, insurer of the offending vehicle, claim petition was contested inter alia pleading that no accident as alleged had ever taken place. False FIR was got registered by the claimant in collusion with police and respondents no. 1 and 2 in order to extract compensation from respondent no. 3. Plea was also taken that respondent no. 1 was not having a valid and effective driving licence to drive the offending vehicle at the relevant time, as such, no liability of the Insurance Company to pay the compensation is attracted for breach of terms and conditions of the insurance policy. It was also averred that the offending vehicle was being used for the purpose other than that specified in the policy and respondent no. 2 was also not having a valid registration certificate, route permit and fitness certificate etc. In the event of accident is proved, respondent no. 3 took the plea of contributory negligence of the deceased in causing the accident.

6. Pleadings of the parties led to framing of the issues as follows:-

(1) Whether death of deceased Subhash @ Ganga was caused in a road accident which took place on 17.07.2009 allegedly due to rash and negligent driving of Truck/Container No. HR-47-A-3781 allegedly being driven by respondent no. 1 at the time of accident? OPP

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

(3) Whether respondent no. 1 was not holding a valid and effective driving licence and the truck was being driven in violation of the terms and conditions of the insurance policy at the time of accident? OPR-3

(4) Relief.

7. The Tribunal disbelieved the statement of PW-1 Bijender Singh eye-witness of the occurrence on the grounds as follows:-

(i) That driver of the truck had fled away from the spot and he had not noted the number of the truck anywhere;

(ii) that the truck was coming on the road meant fo