coming in the offending vehicle Canter bearing registration number RJ-31-G-0015 while sitting in the nearby seat of the driver. The said vehicle was being driven by its driver/respondent No.1 rashly and negligently and when the said vehicle reached Rawatsar Lakhuwali Road at Hanif Mohd’s Dhani, at 11:30 pm, the vehicle collided to a tree, as a result of which Ratanlal and the driver of the offending vehicle, sustained injuries. The injured were immediately removed to hospital, however, despite providing treatment to Ratanlal for twenty days, he ultimately expired. In the claim petition preferred by Smt. Gyan Devi, it was stated that her son was a salesman and was earning Rs.7000/- per month. An FIR (50/2007) of the said accident was lodged at Police Station Rawatsar, Hanumangarh for offences under Sections 279, 337 and 338 of IPC, wherein after investigation, Challan was filed against the driver of the offending vehicle in the competent court. 3. Thereafter summons were issued to the non-claimants and after service, non-claimant No.2/driver of the offending vehicle filed his reply stating therein that he was the driver of the offending vehicle (RJ-31-G-0015) and on account of technical fault the vehicle, it collided the tree and there was no fault on his part. On behalf of non-claimant/owner, Kundanmal reply was filed alleging therein that the registered owner of the vehicle was Hemendra Gupta and since the vehicle was insured with insurance company, therefore, for payment of compensation, the insurance company was liable to pay the compensation. On behalf of nonclaimant No.3/appellant herein, it was stated that at the time of accident, the driver of the offending vehicle was not having the valid and effective licence. It was further stated that since the
