JUDGMENT :

Deepinder Singh Nalwa, J. (Oral)

The present appeal has been preferred against the award dated 06.02.2028 passed in the claim petition filed under Section 166 read with Section 140 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Faidkot (for short, 'the Tribunal') on the ground that Balwinder Kaur (appellant No.l) widow of deceased Harjinder Singh has not been held entitled to get any share in the compensation being against the law and also for enhancement of compensation.

2. The brief facts of the case are as under:

Harjinder Singh (since deceased) was going on 14.11.2006 on his motorcycle bearing No.PB-03-K-4228 from village Jhakharwala towards Bathinda and Swaran Singh was the pillion rider. When they reached near the bus stand of village Amargarh, a Maruti car bearing No. DL-8CD-1684 being driven by its driver Gurthakur Singh (respondent No.l) in a rash and negligent manner hit the motorcycle which was driven by Harjinder Singh (since deceased), as a result of which, Harjinder Singh (since deceased) suffered multiple injuries and ultimately on 17.11.2006 Harjinder Singh succumbed to his injuries. The matter was reported to the police and FIR No. 145 dated 15.11.2006, under Sections 279/337/338/427 IPC was registered at Police Station Nahian Wala, District Bathinda. At the time of alleged accident, the offending vehicle was driven by respondent No.l and owned by respondent No.2. At the time of death of Harjinder Singh (since deceased), he was of the age of 28 years and was serving in Indian Army as a Sepoy. As per Harjinder Singh (since deceased), he was drawing a salary of Rs.10,000/- per month. The appellants (claimants before learned Tribunal) filed the claim petition for grant of compensation to the tune of Rs.20,00,000/- on account of death of Harjinder Singh (since deceased) and the same was decided by learned Tribunal vide Award dated 06.02.2008. As per the Award passed by the learned Tribunal, the compensation was assessed to the tune of Rs.2,68,000/- taking into consideration the salary of the deceased Harjinder Singh as Rs.8462/- per month. Out of the total amount of compensation of Rs.2,68,000/-, appellant No.2 Jasbir Kaur, mother of the deceased Harjinder Singh (since deceased) was held entitled to get compensation of Rs. 1,68,000/- and the remaining amount of Rs. 1,00,000/- was to be paid to appellant No.3 Sukhmander Singh, father of deceased Harjinder Singh. As per the Award passed by learned Tribunal, appellant No.l Balwinder Kaur widow of deceased Harjinder Singh was not held entitled for compensation on account of her remarriage with the younger brother of her first husband after the death of Harjinder Singh. However, she was held entitled to reimbursement of medical bills/cash memos amounting to Rs.24,580/-. The appellant No.l was also found entitled to interest @ 6% per annum with effect from the date of filing of the claim petition till its realization. The amount of compensation was to be paid by respondent No.3-Oriental Insurance Company.

3. Upon notice of the claim petition, respondents appeared and contested the claim petition and denied the factum of accident/compensation.

4. Learned counsel for respondents No.l and 2 admitted the factum of the accident however learned counsel for respondent No.3-Insurance Company denied the factum of accident and contended that at the time of accident, the driver of the car was not holding a valid driving licence therefore the insurance company was not liable to compensate the appellants-claimants.

5. From the pleadings of the parties, the Tribunal framed the following issues

1) Whether on 14.11.2006 near village Amargarh on the raod leading from Goniana Bye pass to Bathinda, respondent No.l Gurthakur Singh while driving his Maruti Car No. DL-8CD-1684 in a rash and negligent manner, hit the motorcycle bearing temporary No. PB-03-K-4228 and caused the accident, which resulted the death of Harjinder Singh son of Sukhmander Singh? OPP