INDRA BAI Vs. KESHAVRAM DHOBI

JUDGEMENT

(1.) This appeal is directed against the award of the Motor Accidents Claims Tribunal, Raipur, dated 30.9.1997, in Claim Case No. 70 of 1996.

(2.) Claimants are widow and children of deceased Pardeshi Sahu who died as a result of injuries suffered by him on 24.3.1996, at about 8.30 p.m. when mini bus No. MP 23-D 4704 hit his bicycle on Kura-Patewa Road. The matter was reported to the police and Crime No. 32 of 1996 registered against respondent No. 1. The mini bus was owned by respondent No. 2 and insured with respondent No. 3.

(3.) Defence taken is that the accident was not caused by respondent No. 1. It is also stated that this vehicle was not being driven rashly and negligently. The insurance company has stated that it was not intimated about the accident. As the vehicle was not being plied according to terms and conditions of the policy, therefore, they are not liable for the payment of compensation. All these defences have been rejected by the Tribunal and compensation of Rs. 1,59,000 has been awarded carrying interest at the rate of 12 per cent per annum from the date of application till realisation. Claimants are not satisfied with this award, hence this appeal.