JUDGMENT :

Sharad Kumar Sharma, J.

The present Appeal from Order has been preferred by the Insurance Company (appellant herein), i.e. the opposite party No. 1, in M.A.C.P. No. 85 of 2016, Khushi Jha and another Vs. The New India Assurance Company Limited. The claimants therein, who are the parents of the deceased, had filed a claim petition, by invoking the provisions, contained under Sections 166/140 of the Motor Vehicles Act, claiming grant of compensation of Rs. 50,00,000/-, on account of death, which had been caused to their son late Mr. Krishn Kumar Jha.

2. The factual backdrop of the claim petition, was that the deceased Krishn Kumar Jha, while he was travelling on his Motorcycle on 28.12.2015, from Jaspur to Kashipur, when he reached near about village Missarwala, a Truck bearing Registration No. U.P.-93T-5666, which was being negligently driven by the driver of the said vehicle of which, the owner of the said vehicle, was the opposite party No. 2 i.e. Rafeeq Raza, had met with an accident due to which, the deceased was seriously injured and had died on the spot.

3. It was contended by the claimants, that on the date of the death of their son, the corpus of the deceased was taken to the mortuary and a post-mortem was conducted, on the corpus and an FIR, being FIR No. 178 of 2015, was also registered against the owner of the offending vehicle for his alleged involvement of the offending vehicle belonging to him, in the commission of the offences under Section 279 and 304A.

4. The claimants have come up with the case that on the date of the accident, the deceased was 26 years old and he was profitably engaged with M/s Galwalia Ispat Limited, which was the subsidiary unit of KVS Group of Industries and was drawing a salary of about Rs. 15000/- per month. It was further contended by the parents (claimants) of the deceased, that owing to their age and the relationship, which they have catered with the deceased, they were exclusively dependent upon the income of their deceased son and due to his death, the aged claimants, who were then about 70 and 68 years of age respectively, had submitted that they would be entitled for the award of a suitable compensation, taking into consideration the future prospects of the service benefits or enhancement in the salary, which their son could have procured if he had not met with the sad demise, which had chanced on 28.12.2015.

5. The learned Motor Accident Claims Tribunal had issued notices to the appellant herein, and to the owner of the offending vehicle. The appellant, in response to their claim raised, in the claim petition, based on the salary which had been projected therein, had filed their written statement by way of paper No. 29 (kha). The learned Motor Accident Claims Tribunal has specifically observed, that apart from filing of the written statement, it was stated that either the claimants or the owner of the offending vehicle, no information of the accident having been committed by the offending vehicle was ever imparted to the Insurance Company, which was mandatory under Section 158(6) of the Act.

6. The owner of the offending vehicle, while giving response to the pleading of the claim petition had submitted that in view of the provisions contained under Section 64B of the Insurance Ac, 1938, the liability of the payment the award has had to be harnessed upon the owner of the offending vehicle and that the insurance company would not be liable. But, owing to the insurance policy, which was placed on record, the driving license which the driver of the offending vehicle, had as on the date of the accident and considering other documentary evidences, it is not in dispute, that on the date of the accident, the offending vehicle was being validly insured with the appellant and was being plied by the driver, who had a valid license, the registration certificate and the permit, as well as the fitness certificate of the offending vehicle were valid and hence there was no contravention to t