KASHEMMA Vs. H K B ENTERPRISES (PRIVATE LTD )

JUDGEMENT

(1.) The claimants are before this Court in this appeal seeking enhancement of compensation not being satisfied with the compensation awarded under the judgment and award dated 01.01.2014 in MVC No.416/2011 on the file of Addl. District Judge and MACT, Bidar.

(2.) The claimants being the wife and children of deceased-Vijaykumar filed claim petition under Sec. 166 of the Motor Vehicles Act, claiming compensation of Rs.20,00,000.00 on account of death of Vijaykumar in motor vehicle accident, which occurred on 16.11.2010 at about 5.00 a.m. when he was travelling in Jeep bearing Reg. No.AP-12-E-0805 had head on collusion with Bus bearing Reg.No.KA-01-D-8521. Due to which the deceased sustained grievous injuries and succumbed to the said injuries on the way to hospital. The claimants have stated in the claim petition that the deceased was earning Rs.9,000.00 per month.

(3.) On service of notice, respondent Nos.2 and 4 - insurance companies appeared before the Tribunal and filed their objections by way of written statements, contending that there was violation of terms and conditions of the insurance policy, as the drivers of the vehicles were not holding valid and effective driving licence as on the date of accident.