SUNIL KUMAR Vs. GOPAL SHAH

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs. 1,80,000 awarded for the death of Rishabh Kumar, a student of eight years.

(2.) THE Motor Accident Claims Tribunal (the Claims Tribunal) while awarding a compensation as stated above held that there was composite negligence on the part of the TSR driver bearing registration No. DL -1RE -6738 which was being driven in a rash and negligent manner and the stationary Truck No. HR -38 -B -5445 which was parked on the left side of the road without any indication.

(3.) WHILE making the Insurers of both the vehicles i.e. The National Insurance Company Limited and The Oriental Insurance Company Limited liable to pay the compensation, the Claims Tribunal granted recovery rights to Respondent No. 2, The National Insurance Company Limited as the TSR driver did not possess a valid driving licence and the owner and the driver failed to produce any driving licence in spite of the service of notice under Order XII Rule 8, CPC. This finding has not been challenged either by the owner, driver or the Insurer of the TSR. The said finding having become final, I am not to go into the question of liability.