JUDGMENT

Mr. Avneesh Jhingan, J. (Oral):- The insurer of truck bearing registration No.HR-38R-3809 (for brevity, ‘offending vehicle’) is in appeal against the award dated 08.11.2016 passed by Motor Accident Claims Tribunal, Mewat (hereinafter referred to as ‘the Tribunal’).

2. The claimants have been arrayed as respondents No.1 to 7 in appeal. Driver and owner of the offending vehicle are respondents No.8 and 9.

3. The brief facts emanating from the record are that on 14.12.2014, Jaikam, aged 41 years, along with his son Sufiyan was coming from Village Kosi Klan and going to Village Kot while driving Tata 407 bearing registration No.HR-55C-4211. When they reached near Village Sonad, rashly and negligently driven offending vehicle struck their vehicle, as a result of the accident, Jaikam suffered multiple injuries and died on the spot. FIR No.660, dated 14.12.2014 was registered.

4. The mother, widow and five minor children of the deceased filed a claim petition under Section 166 of Motor Vehicles Act, 1988 (for brevity, ‘the Act’). The driver and owner of the offending vehicle and the New India Assurance Company Ltd. were arrayed as respondents No.1 to 3 respectively in the claim pet