BAI KEWAT Vs. GULAB SINGH

JUDGEMENT

(1.) This appeal is directed against the award dated 1.8.1997 of the Motor Accidents Claims Tribunal, Bilaspur in Claim Case No. 1 of 1997.

(2.) Claimants are widow and two minor daughters of deceased. They submit that accident took place on 16.4.1996 when deceased was going from Bilaspur to Kota in Matador No. MP 23-D 3985 with Nirma powder. Allegation is that this vehicle had collided with another vehicle No. MP 26-D 2624 resulting in the accident. The deceased was 29 years old at the time of accident. He was working as porter with Nirma Washing Powder Company, earning Rs. 150-200 per day. The family was dependent on him and, therefore, the claim case has been filed by claimants for grant of compensation for the death of the deceased. Defence taken is that the driver was not in possession of valid driving licence at the time of accident, therefore, he committed breach of policy conditions. Hence, the insurance company is not liable to pay the compensation. It is also stated that other vehicle was responsible for the accident in question.

(3.) The Tribunal came to the conclusion that both the vehicles were equally responsible for the accident resulting in the death of deceased who. was 30 years old at the time of accident, earning Rs. 900 per month. The claimants are entitled to receive compensation and hence, it awarded a sum of Rs. 1,21,200 carrying interest at the rate of 12 per cent per annum from the date of application till realisation. Claimants are not satisfied with the award, hence this appeal for enhancement.