Contributory negligence, financial dependency assessment, and insurance policy violation influenced the court's decision.

Prafulla C. Pant, J.

This appeal, preferred under Section 173 of Motor Vehicles Act, 1988, is directed against award dated 26.07.2010, passed by Motor Accident Claims Tribunal/District Judge, Udham Singh Nagar, in Motor Accident Claim Case No. 27 of 2008, whereby said Tribunal has directed the appellant Bhajan Singh (owner of the tractor) to pay compensation of Rs. 4,44,000/- to the claimants (respondents No. 1 to 5)

2. Heard learned counsel for the parties, and perused the record of the Tribunal.

3. Brief facts of the case are that on 18.12.2007, Smt. Chindo Kaur (deceased) was going on a motorcycle bearing Registration No. UA06E-8293 with one Moin Khan from Village Diyodi to Bargadpur. When she reached near Bargadpur bend, a tractor trolley bearing Registration No. UA-06-6256 of Sonalika make, which was being driven rashly and negligently by its driver Rajendra Singh (present respondent No. 8) collided with the motorcycle, Moin Khan, and Smt. Chindo Kaur suffered injuries. Immediately, the injured were taken to the hospital, where Smt. Chindo Kaur succumbed to injuries. A First Information Report of the accident was lodged at Police Station Nanakmatta, on the basis of which, Crime No. 3211 of 2007, was registered, relating offences punishable under Section 279, 304A, 427 and 338 of I.P.C., against the driver of the tractor. After investigation, charge sheet was filed against the respondent No. 8 Rajendra Singh (driver of the tractor). Claimants Jarnail Singh (husband of the deceased) and his four children namely Paramjeet Kaur, Sona Singh, Manjeet Kaur and Diler Singh filed claim petition under Section 166 of Motor Vehicles Act, 1988, before the Motor Accident Claims Tribunal/District Judge, Udham Singh Nagar. It is stated in the claim petition that the deceased was aged 35 years and she used to earn Rs. 6000/- per month. The claimants claimed Rs. 15,35,000/- as compensation from the owner of the tractor bearing Registration No. UA06-6256 and National Insurance Company Ltd., with whom, the tractor was insured, on the date of accident (18.12.2007).

4. The claim petition was contested by the owner and the driver of the tractor and the National Insurance Company Ltd., with whom the tractor was insured. Haseenuddin (owner of the motorcycle) also filed his written statement, but in substance, he admitted the contents of the claim petition. Bhajan Singh (owner of the tractor) who is present appellant before this Court in his written statement before the Tribunal denied the contents of the claim petition. In his additional pleas, he stated that the accident occurred due to the negligence on the part of the motorcyclist. He also pleaded that the tractor was insured with the National Insurance Company Ltd., under the Policy No. 461800/47/06/9700001155. The National Insurance Company Ltd., in its written statement denied the contents of claim petition, but in the additional pleas pleaded that the vehicle (tractor) was being driven in violation of the conditions of the policy. It is also specifically pleaded by the Insurance Company that the claimants have concealed in clandestine manner, the negligence on the part of the motorcyclist.

5. On the basis of the pleadings of the parties, the Tribunal framed following issues:

(1) Whether on 18.12.2007, at about 3.00 p.m. near Bargadpur bend tractor bearing Registration No. UA06-6256 was being driven rashly and negligently by its driver, due to which, it collided with the motorcycle and Smt. Chindo Kaur died on account of injuries suffered by her in the accident? If so, its effect?

(2) Whether the driver of the tractor was in possession of the valid license? If not, its effect?

(3) Whether the motorcyclist had valid license to drive the motorcycle? If not, its effect?

(4) Whether the claim petition is bad for non-joinder of the owner of the motorcycle?

(5) To what amount of compensation, if any, the claimants are entitled? And from whom?

6. The Tribunal recorded evidence of the parties, and a