JUDGEMENT
FATEH DEEP SINGH, J. -
(1.).The appellants Sukhmander Kaur and her brother Kamaljit Singh has come in this appeal against an Award dtd. 7/9/2012 of the Court of learned Motor Accident Claims Tribunal, Sri Mukatsar Sahib whereby the Tribunal has awarded a sum of Rs.8,31,000.00 only to mother claimant No. 1 Jasbir Kaur, wife respondent No.4-Shallu and minor son respondentNo.5 Tanvir Singh of the deceased Raja @ Charanjit Singh alongwith interest @ 6% per annum.
(2.)Heard Mr. Arshdeep Singh, Advocate for the appellants, Mr. Sunder Gaur, Advocate for respondents No. 1 and 2, Mr. Lalit Garg, Advocate for respondent No.3 and Mr. U.K. Agnihotri, Advocate for respondents No. 4 and 5.
(3.)One Raja @ Charanjit Singh who was aged around 27 years husband of Shallu then respondent No.4 and father of Tanvir Singh minor son respondent No.5 on 20/11/2010 was on their motorcycle bearing registration No. PB-30F-1504 (in short, the 'ill fated motorcycle') which met with an accident with the bus bearing registration No. PB-30E-5378 (in short, 'the offending bus') as a consequence of rash and negeligent driving of respondent No.1 Mehal Singh driver of offending bus which was owned by respondent No.2 New Deep Bus Service and insured with the National Insurance Company respondent No.3. FIR No. 217 dtd. 21/11/2010 under Ss. 304-A and 279 IPC (Ex.P1) was registered at Police Station City Sri Muktsar Sahib. Post mortem (Ex.P5) was also performed.The claim that the deceased was running a gym and was earning Rs.30,000.00 per month and had passed 10+2 examination, upon whom, the claimants were dependents and on account of loss of bread earner sought compensation from the respondents, driver, owner and insurer of the offending bus. Respondents No. 1 and 2 denied the accident in their response and claimed that they are not bound to pay compensation as the bus in question was insured with respondent No.3-National Insurance Company. The latter in their reply has taken plea of maintainability, the claimants being not dependants and that the driver of the bus was not holding legal, valid and effective driving licence which was without any valid route, permit and registration certificate.
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