SUKHWATI ALIAS BHURI Vs. PRAHALAD

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Rajnandgaon (for short "the Tribunal") vide award dated 29-7-1988, passed in Claim Case No. 3/92.

(2.) As against the compensation of Rs. 7,87,000/-, claimed by the appellants/claimants, unfortunate widow and children of deceased Dayalu, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 14-12-1991, the Tribunal awarded a total sum of Rs. 1,87,000/- as compensation along with interest @ 12% per annum from the date of filing of the claim petition till the date of actual payment.

(3.) The Tribunal, on a close scrutiny of the entire evidence led before it held that deceased Dayalu died on account of the injuries sustained by him in the motor accident on 14-12-1991; the accident occurred due to rash and negligent driving of the driver of the offending vehicle truck bearing registration No. MP-9D/4969; as it was not established that Prahalad, driver of the offending vehicle truck was holding a valid and effective driving license on the date of the accident, the insurer of the truck was not liable to pay compensation to the claimants.