SUDEEPTI SHARMA, J.

1. The present appeal has been filed by the appellant-Insurance company against the award dated 15.11.2018 passed in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribunal, Rewari (for short, 'the Tribunal'), wherein the claim petition filed by the claimants was allowed and appellant-Insurance company was made liable to pay the compensation.

BRIEF FACTS OF THE CASE

2. Brief facts of the case are that As per version of petitioners as also recorded in FIR No.320 dated 06.12.2016, on 02.12.2016 complainant Rajesh along with his brother Anoop Singh was going towards Mandola on a motor-cycle which was being driven by Rajesh. When they turned from the side of Manpura towards Mandola, one car bearing No.HR-43C-4199 came from the opposite side which was being driven at a fast speed, rashly and negligently and hit their motor-cycle which was being driven on the correct side of the road. He fell on the metalled portion of the road while Anoop Singh fell on the road and suffered head injuries. The car driver stopped the car and came near them and told his name as Suresh Yadav son of Satyavir Singh Yadav resident of Bawwa and he along with car driver took his brother to Aditya Hospital, Rewari. The condition of his brother was not stable who was unconscious and he did not lodge the FIR immediately as he was under mental stress. He told the doctor that he will get the FIR registered lateron. After surgery, the condition of his brother started improving who is still admitted in ICU. The aforesaid information was given to police by complainant Rajesh Kumar on 06.12.2016 and he alleged that accident in question took place due to rash and negligent driving on the part of car driver. Prior to this, ruqa was received in police station on 05.12.2016 regarding the admission of Anoop Singh in the hospital. However, during treatment deceased died on 22.12.2016. It is further submitted that deceased was admitted at Aditya Hospital, Rewari on 02.12.2016 and was discharged and referred on request of relatives to Durlabji Hospital on 21.12.2016. However, deceased was again admitted in the hospital on 22.12.2016 where he succumbed to this injuries on the same day. Petitioners had paid the expenses of Rs.507817/-. when deceased was referred from Aditya Hospital. It is further submitted that deceased was 26 years of age and was Accountant-cum-Teacher in Jeevan Jyoti Institute, Mandola and tutor of Accountancy and Mathematics and was earing Rs.46,500/- per month (Rs.16,500/- per month from salary and Rs.30,000/- per month from Tution classes). However, after his death, petitioners who were dependent upon him have no source of income and their future has become bleak. A sum of Rs.50,000/- was spent on the last rites etc. of the deceased. Petitioners will suffer mental as well as physical agony for whole of their lives and have also been deprived of his love and affection. By way of present petition, a sum of Rs.1 crore along with interest has been claimed as compensation.

3. Upon notice of the claim petition, respondents appeared and contested the claim petition by filing their separate written replies denying the factum of accident/compensation.

4. From the pleadings of the parties, the Tribunal framed the following issues:-

“(1) Whether deceased Anoop Singh died in a motor vehicle accident occurred on 02.12.2016 due to rash and negligent driving of offending vehicle bearing registration no. HR-43C-4199 by driver respondent no.1? OPP.

(2) Whether the petitioners are entitled to get compensation, if so to what amount and from whom? OPP.

(3) Whether the respondent No.1 was not holding a valid and effective driving license on the date of alleged accident? OPR2.

(4) Relief.”

5. Thereafter, both the parties led their evidence in support of their respective pleadings.

6. After taking into consideration the pleadings and the evidence on record, the learned Tribunal awarded compensation to