SAGAR BAI NIRMALKAR Vs. JANAK LAL PANDEY

JUDGEMENT

(1.) THIS is claimant 'sappeal for enhancement of compensation awarded by the Additional Motor Accidents Claims Tribunal, Dhamtari, Distt. Raipur (for short 'the Tribunal '), vide its award dated 29.8.2006. passed in Claim Case No. 102 of 2005.

(2.) THE claimants, unfortunate widow, minor children and parents of deceased Sampat Lal Nirmalkar claimed compensation of Rs. 23,50,000 by filing a claim petition under section 166 of the Motor I Vehicles Act (for short 'the Act ') for his death in the motor accident on 13.3.2005, when the minibus bearing registration No. CG 04 -E 0304 in which he was travelling dashed against the stationary truck due to rash and negligent driving of the driver of the minibus, resulting in multiple serious injuries to Sampat Lal Nirmalkar who succumbed to those injuries during the course of his treatment. The claimants further pleaded that deceased Sampat Lal Nirmalkar used to earn Rs. 150 per day as carpenter and Rs. 12,000 per annum from agriculture.

(3.) THE insurer of the minibus contested the claim and denied its liability to pay compensation to the claimants on the plea that the driver of the offending vehicle minibus was not holding a valid driving licence; and the minibus was being plied in breach of the policy conditions.