REVTI BAI Vs. GUBRA ALIAS GOVARDHAN YADAV

JUDGEMENT

(1.) THIS appeal is directed against the award of the Motor Accidents Claims Tribunal, Sconi, in M. C. C. No. 57/93, dated 5-4-1999.

(2.) TRUCK No. MPJ-655 was carrying food items from Lakhnadon to village Andia. About one kilometer ahead of Kedarpur, the truck met with an accident resulting in the death of Diwarilal Jharia. Allegation is that the accident occurred on account of rash and negligent driving by Gubra alias Govardhan Yadav. The truck was insured with United India Insurance Co. Ltd. at the time of accident.

(3.) THE claimant is the widow of the deceased who was 40 years old at the lime of accident. The deceased was a Peon in the Kedarpur Co-operative Society with salary of Rs. 970. 00 p. m. . Claim for Rs. 2,32,800. 00 has been preferred. The Insurance Company has disputed the claim alleging that it is not coned and there has been violation of terms of Insurance Policy. The deceased was fare paid passenger, therefore, Insurance Company was not liable to pay compensation.