By the Court.—Heard Sri Rakesh Bahadur, learned counsel for the appellant and Sri S.D. Ojha, learned counsel representing the claimant-respondent Nos. 1 and 2.

2. This appeal under Section 173 of Motor Vehicles Act, 1988 has been preferred by the Insurance Company assailing the correctness of the award dated 25.9.2014 passed by Additional District Judge/Motor Accident Claim Tribunal, Court No. 13, Meerut in Motor Accident Claim Case No. 1279 of 2011, Gulab Singh and another v. Smt. Parul Sharma and another, whereby the Tribunal has awarded compensation of Rs. 13,05,000/- alongwith interest to the claimants against the Insurance Company.

3. Relevant facts giving rise to the claim petition are that in the forenoon of 2.10.2011 Govinda (deceased) was travelling by private bus No. DL IP 8059 alongwith other passengers which was going from village Jaiee to Meerut city. At about 11.30 a.m. the bus stopped near Jail Chungi Chopla for the passengers to deboard. The deceased while trying to step down from the bus fell down as the driver of the bus suddenly started without giving sufficient time to the deceased to get down and as a result he was crushed under the wheels of the bus. The deceased suffered severe injuries which later on proved fatal. First information report of the accident was lodged at Police Station Civil Lines, Meerut on 2.10.2011 at 9.15 p.m. and registered as Case Crime No. 550 of 2011 under Section 279/304 I.P.C.

4. Claim petition was filed by the parents of the deceased who were shown to be 40 years and 38 years against the owner of the offending vehicle Smt. Parul Sharma and the Insurance Company namely New India Insurance Co. Ltd.

5. It was alleged in the claim petition that the deceased was a physically and mentally fit person aged about 23 years and his monthly income was Rs. 15,000/-. Compensation to the tune of Rs. 15,15,000/- was claimed. Both the opposite parties i.e. the owner and the Insurance Co. filed their written statement denying the factum of incident. The owner further stated without admitting the factum of incidence that the driver had valid and effective driving licnence, the bus had valid route permit and was duly insured with the New India Insurance Co. Ltd. and that there was no breach of any of the conditions of the Insurance policies.

6. The Insurance Co. in its written statement further alleged that the claimants never lodged any claim with the Insurance Company, the driver of the bus did not hold valid and effective licence and the accident took place on account of sole negligence of the deceased. It further alleged that the petition was bad for non joinder of necessary parties, there was collusion between the claimant, the owner and driver of the offending vehicle, that the accident took place on account of the own negligence of the deceased.

7. On the basis of the pleadings the Tribunal framed the following six issues :

1.Whether on 2.10.2011 at about 11.30 a.m. Near Jail chungi chaupla, Meerut, the driver of Vehicle Bus No. DL IP 8059 driving the vehicle at high speed, in very rash and negligent manner and, while deceased was stepping down from the bus driver of the bus without giving proper sufficient time to deceased for coming down from the bus suddenly started the bus resulting deceased fell down on the road and as a result crushed under the wheel of bus causing grievous injuries to the deceased, causing the death of Govinda?

2.Whether on the date and time of accident in question the driver of the offending vehicle No. DL IP 8059 was not having valid and effective driving licence?

3.Whether on the date and time the offending vehicle Bus No. DL IP 8059 was having valid R.C., fitness and permit and was insured with O.P. No. 2?

4.Whether there is any collusion between petitioner’s and O.P. No. 1?

5.Whether the accident in question took place due to contributory negligence on the part of the deceased?

6. Whether the claimant is entitled to any compensation? If so, to what amount