RAJENDRA PRAKASH Vs. NATINAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) HEARD Shri D. S. Manral, counsel for the appellants and Shri D. S. Patni, counsel for the respondent No. 1 2. This is claimant's appeal for enhancement of amount of compensation awarded by f the claims tribunal. 3. By the present appeal filed under Section 173 of the Motor Vehicles Act, the appellants have prayed for enhancement of amount of compensation awarded by the claims tribunal vide judgment and award dated 9-1-2005 in M. A. C. P. No. 191 of 2005. 4. Briefly stated, a motor accident claim pe tition being M. A. C. P. No. 191 of 2005 was filed for compensation of Rs. 5,00,000/- on account of the death of Arjun in a motor accident. According to the claimants, on 14-10-2005 at about 12. 45 p. m. at Ramnagar-Ranikhet Motor Marg near village Sunderkhal, when Arjun (hereinafter referred to as 'the deceased') was standing beside the road, Bus No. U. A. 04 B/4187 which was coming towards Ramriagar rashly and negli gently crushed the deceased as a result of which the deceased died on the spot. It has been stated that the claimants have suffered mental agony due to the sudden death of their son. The claimants have, therefore, claimed a sum of Rs. 5,00,000/- towards compensation. 5. A written statement has been filed by the owner of the vehicle in question, namely. Nandaballabh. It has been submitted that the driver was driving the vehicle cautiously and in the left side. The vehicle in question was insured with the National Insurance Company and the insurance company is liable to indem nify the compensation, if any. 6. The National Insurance Company Lim ited has filed a written statement. It has been submitted that the insurance company has not been informed about the accident in question. The defendant No. 1 i. e. owner of the Bus has to prove that the Bus was being driven by the driver having a valid driving license and the papers relating to the vehicle were in or der at the time of accident. 7. On the pleadings of the parties, the claims tribunal has framed the following issues:- 1. As to whether the deceased Arjun son of Rajendra Prakash died on 14-10-2005 at village Sunderkhal P. S. Ramnagar due to crushing by the Bus No. U. A. 04 B/4187 by driving the same rashly and negligently ?

(2.) AS to whether the defendant No. 1 has violated the insurance policy and as such the defendant No. 2 is not liable to indemnify the compensation?