NEW INDIA ASSURANCE CO LTD Vs. SAVITRI PARAG

JUDGEMENT

(1.) This judgment disposes of M.A. No. 1760 of 2000 (arising out of Claim Case No. 63 of 1998), M.A. No. 1759 of 2000 (arising out of Claim Case No. 64 of 1998) and M.A. No. 1758 of 2000 (arising out of Claim Case No. 65 of 1998) against the common awards of the Motor Accidents Claims Tribunal, Jabalpur, dated 8.5.2000.

(2.) Shortly stated, the facts are that late Mangal Parag, Ex-M.L.A., aged 48 years, late Mubarak Shah, aged 50 years and late Syed Anwar Ali, aged 27 years, along with their companion Sunil Kumar Jaiswal, were travelling in Fiat car bearing registration No. MOK 9074 belonging to Harsh Sales and driven by Manoj Suhane. Allegation is that respondent No. 4 Manoj Suhane was driving the car rashly and negligently resulting in the accident near village Hardua, under Police Station, Nohta, District Damoh, when this vehicle dashed against a mango tree on the roadside, resulting in the deaths of Mangal Parag, Mubarak Shah and Syed Anwar Ali on the spot, while Manoj Suhane and Sunil Jaiswal suffered non-fatal injuries. Case was registered at Police Station, Nohta, vide Crime No. 20 of 1996 for prosecution of the driver. Legal heirs of Mangal Parag, Mubarak Shah and Syed Anwar Ali filed different claim petitions for compensation. For the death of Mangal Parag, compensation claimed is Rs. 30,00,000; for the death of Mubarak Shah, compensation of Rs. 7,80,000 was claimed and for the death of Anwar Ali, compensation claimed is Rs. 30,00,000.

(3.) The appellant insurance company appeared before the Tribunal and took the defence that the driver did not possess valid driving licence to drive the vehicle. Owner of the vehicle stated that the driver possessed valid driving licence which was obtained from Kanpur and renewed at Shahdol. The driver appeared, but he did not file written statement.