SADHU Vs. MAHESH PRASAD SONI

JUDGEMENT

(1.) THIS appeal is directed against the award dated 12-10-1993 passed by the Motor Accident Claims Tribunal, Chhatarpur in Claim Case No. 24 of 1990.

(2.) IN this accident, Pyarelal (30) died on 28-11-1989. He was driver of vehicle bearing registration No. C. I. Q. 7666 owned by respondent Mahesh Prasad Soni. At the time of accident, the deceased was earning Rs. 600. 00 per month. The claimants were dependents on him. The vehicle in question was insured with respondent United India Insurance Company Limited, Branch Office, Chhatarpur.

(3.) THE defence taken is that the driver himself was negligent for the accident. He violated the terms of policy for carrying more passengers than covered by it. On the pleadings of the parties, the Tribunal framed as many as five issues. The Tribunal found that the accident took place due to the negligence of driver; therefore, the claimants were not entitled to compensation. Issue with respect to loading of more passengers than covered by the policy has not been proved. The age and the salary of the deceased have been proved but not the allegation of driving the vehicle for hire or reward. Since it was found that the driver himself was negligent for the accident, the claim of the claimants has been dismissed by the Tribunal. However, for no fault liability, amount of Rs. 25,000. 00 has been given to the claimants.