KOSHALYABAI Vs. LACHCHHOO DEVILAL

JUDGEMENT

(1.) THIS appeal is directed by the claimants for enhancement of compensation amount granted by the award dated 10-3-1999 passed by 14th Member, M. A. C. T. Indore in Claim Case No. 37/93.

(2.) THE claimants' case, in brief, was that on 30-3-1993, 30 years old Parwat Singh, husband of appellant No. 1 and father of appellant Nos. 2 to 4, was going on his cycle at Dhar Road, Indore. At about 7 p. m. the respondent No. 1 came from opposite direction driving truck No. C. I. O. 9326, belonging to respondent No. 2 and insured with respondent No. 3, in rash and negligent manner and dashed against him, as a result of which he sustained injuries. He was admitted in M. Y. Hospital, Indore where he died on the same day. He was earning Rs. 2,500/- per month as a salesman. The appellants filed claim application seeking compensation of Rs. 3,41,000/ -. The respondents resisted the claim and pleaded that the deceased had consumed liquor and he fell down from his cycle and sustained injuries. The respondent No. 3 Insurance Co. inter alia pleaded that the respondent No. 1 was not having valid driving licence, therefore, it was not liable to pay compensation. The Tribunal on appreciation of evidence held that the accident occurred due to rash and negligent driving of the truck No. C. I. O. 9326 and awarded compensation of Rs. 98,000/- but it exonerated the Insurance Co. on the ground that the respondent No. 1 was not having valid licence on the date of accident. Hence, this appeal by the claimants. Respondent No. 1, the driver also filed cross-objections.

(3.) SHRI M. M. Somani, learned counsel for the appellants, submitted that the impugned award is on lower side. He also submitted that exoneration of the Insurance Co. was wrong. Shri Patwa, learned counsel for the respondent driver of the truck, contended that there was no breach of the condition of the insurance policy and the Insurance Co. was liable to pay compensation. Shri Dandwate, learned counsel for the Insurance Co. supported the impugned award.