BHUWANESHWARI BAI Vs. VIKRAM JEMS

JUDGEMENT

(1.) Appeal is mainly for enhancement of the quantum of compensation. Claimants are the Appellants. On 21.06.2010, when the deceased by name Omprakash Sahu was travelling as a passenger in 'Auto Rickshaw' bearing No. C.G. 04 T 6827 (which is insured by the 3rd Respondent/Insurance Company), because on the rash and negligent driving on the part of the driver of the Auto Rickshaw, it dashed against the rear side of a stationary Truck, causing fatal injuries to the passenger, leading to his death. This led to the claim petition filed by the widow, minor son and the parents seeking compensation.

(2.) The Insurance Company contested the claim mainly on the ground that the driver was not having valid driving licence authorizing to drive a 'transport vehicle' at the relevant time. They also examined a witness from the Motor Vehicles Department. The Tribunal repelled the said contention and after the total compensation payable as Rs. 4,57,000/-, it was directed to be satisfied by the other Respondents, exonerating the Insurance Company from the liability because of the breach of conditions in the policy. This is put to challenge by the claimants, besides seeking for enhancement of the compensation and to fix the liability upon the Insurance Company.

(3.) Heard Shri Amiyakant Tiwari, the learned counsel appearing for the Appellants and Shri Anupam Dubey, the learned counsel appearing for the 3rd Respondent.