RADHESHYAM Vs. KISHUN RAM

JUDGEMENT

(1.) This is an appeal against the award dated 03.03.2014 by the owner of the vehicle bearing No.C.G.16-A/0691 whereby the insurance company has been exonerated to pay the amount.

(2.) The claim petition was filed by two children and mother & father of the deceased with the averments that on 17.09.2012 while the deceased Gorelal was walking on the road, at that time, the Pickup vehicle C.G.16A/0691 driven by Surendra, respondent No.6 herein, dashed Gorelal from behind whereby he died on the spot. It was alleged that the deceased Gorelal was hale & hearty and was earning Rs. 5000/- per month and because of such death, the dependents were deprived of the income & support and therefore an amount of compensation of Rs.20,55,000/- was claimed for.

(3.) The learned Claims Tribunal after evaluating the evidence found that on the date of incident, the alleged vehicle was being driven in rash & negligent manner and dashed the deceased Gorelal whereby he died. The Tribunal further held that on the date of incident, the driver of the vehicle Surendra was holding a license for Light Motor Vehicle & Motorcycle with Gear and was not authorise to drive a transport vehicle as there was no endorsement to drive transport vehicle thereby had exonerated the insurance company to pay any liability for breach of terms of policy. The Tribunal had awarded a sum of Rs.3,85,000/- to the claimants and ordered that to be recovered from the owner & driver of the vehicle.