RAJKUMARI PANDEY Vs. SANJAY KUMAR JAIN

JUDGEMENT

(1.) This appeal is directed against the award of III Additional Motor Accidents Claims Tribunal, Bhopal, dated 22.2.1995 passed in Motor Accident Claim Case No. 51 of 1993.

(2.) Santosh Kumar Pandey was employed with National Fertilizers Ltd. as Junior Stenographer. On 4.9.1992, he was coming on scooter No. MOC 5412 along with one Rajesh Kumar Pandey towards Jyoti Talkies when minibus No. MP 04-F 603 driven by Kunji Lal Sahu rashly and negligently and owned by Sanjay Kumar Jain and insured with the New India Assurance Co. Ltd., dashed against the scooter. As a result of this accident, both the occupants of scooter died. Case under section 304-A of the Indian Penal Code was registered for prosecution. Claim for Rs. 50,42,000 was preferred.

(3.) Driver and owner of the minibus have been proceeded ex pane having failed to appear and defend the case. Insurance company has stated that minibus was insured with it and it has been denied that it was being driven rashly and negligently resulting in death of the deceased. Claim has been disputed and it is also stated that the driver did not possess driving licence at the time of accident, thereby committing breach of policy conditions. Moreover, it was not informed about the accident. The scooter was being driven rashly and negligently and drivers of both the vehicles contributed to the accident.