UNITED INDIA INSURANCE CO LTD Vs. VIMLA BAI

JUDGEMENT

(1.) This appeal is directed against the award dated 6.2.1996 of the Motor Accidents Claims Tribunal, Jabalpur in Motor Vehicle Case No. 49 of 1995.

(2.) Accident took place on 5.6.1990 at 9 p.m. when Tempo No. URQ 1425 coming from Barela side at high speed committed the accident resulting in the death of deceased Kaloo Singh Yadav, whose legal heirs are the claimants in this case. Allegation is that accident took place due to rash and negligent driving of the vehicle by the driver, otherwise it could not have taken place. The case has been opposed by the other side. The insurance company alleges that it was not informed about the accident. Driver did not possess driving licence. Vehicle (Tempo) could not be used for transport of passengers without endorsement from the Regional Transport Authority. Therefore, the insurance company is not liable to pay the compensation.

(3.) The Tribunal has accepted the taking place of the accident as alleged by the claimants and has come to the conclusion that the vehicle was being driven rashly and negligently resulting in the accident and death of the deceased. It was also found that the claimants are the legal heirs of the deceased, therefore, they are entitled to compensation. Against the claim of Rs. 6,50,000, award for Rs. 2,84,000 has been made carrying interest at the rate of 12 per cent per annum from the date of application till payment.