PINKY WD/O LATE HEMANT Vs. MAHENDRA KUMAR

JUDGEMENT

(1.) This is claimants' appeal for enhancement of compensation awarded by the Additional Motor Accidents Claims Tribunal, Bemetara, Dist. Bemetara (for short 'the Tribunal ') in claim case No.37 of 2015 vide award dtd. 6/2/2016.

(2.) The appellants/claimants filed claim application under Sec. 166 of the Motor Vehicles Act, 1988 (for short 'the Act ') seeking compensation to the tune of Rs.13,50,000.00 under various heads for the death of Hemant Satnami in the motor accident took place on 9/11/2014 caused by respondent No.1 herein by driving tractor bearing registration No.CG/04/DA/3653 and trolley bearing registration No.CG/04/DB/9452 (for short, the offending vehicle) in a rash and negligent manner by dashing the motorcycle bearing registration No.CG-25-1801 being driven by deceased Hemant Satnami as soon as he reached near Yadav Hotel along with household material.

(3.) It is not disputed that respondent No.1 is the driver of the offending vehicle and respondents No.2 & 3 are the owner of the same vehicle, but, they denied to pay compensation as the offending vehicle was duly insured and that they are having valid documents. On the other hand, respondent No.4, by filing its written statement, admitted that respondent No.4 is the insurer of alleged Tractor and denied the averments with respect to income based on no evidence and the deceased was not having valid and effective driving licence to drive the motorcycle, while respondent No.5, by filing its written statement, pleaded that trolley of the tractor was not insured with its company for want of verification of insurance policy and that accident took place due to tractor being driven by its driver in a rash and negligent manner and not on account of trolley and also that there was negligence on the part of the deceased, therefore, it is not responsible for payment of compensation