KAUSSALYA BAI Vs. PRATAP SINGH SAGAR

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the Seventh Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 18-4-2002 passed in Claim Case No. 32/2000.

(2.) The appellants/claimants, unfortunate widow, children and parents of deceased Rajkumar @ Kumar claimed compensation of Rs. 28,00,000/- by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 29-5-2000, when the jeep in which he was travelling met with an accident due to rash and negligent driving of its driver, resulting in multiple serious injuries to Rajkumar @ Kumar, who succumbed to those injuries. The claimants further pleaded that deceased Rajkumar @ Kumar used to earn Rs. 5,000/- per month as tailor.

(3.) The owner, driver and insurer of the offending vehicle jeep contested the claim and denied their liability to pay compensation to the claimants. The insurer of the jeep took the further plea that the driver of the jeep was not holding a valid driving license and the jeep was being plied in breach of the policy conditions.