NEW INDIA ASSURANCE CO LTD Vs. RAJNI BAI

JUDGEMENT

(1.) WE propose to dispose of both these appeals (Misc. Appeal No. 301/97 : New India Assurance Co. Ltd. v. Smt. Rajni Bai and others, and Misc. Appeal No. 704/97; Surjeet Singh v. Smt. Rajnibai and others) by this common order, since they arise out of the same accident, award and between the same parties.

(2.) THE claimants are widow, children and parents of deceased Kanhaiya. The allegation is that Kanhaiya was going by Truck No MP 09 K/3260 on 18.12.1994 from Narmada Nagar to Punasa. Sudden application of brakes, the truck was overturned, Kanhaiya sustained fatal injuries resulting in his death. The allegation is also that the deceased Kanhaiya was travelling in the truck along with his goods. The accident took place due to rash and negligent driving, otherwise it would not have taken place nor the occupants of the truck suffered serious injuries. At the time of accident, Kanhaiya was healthy youngman of 30 32 per month. He had three acres of irrigated land, out of which he used to earn Rs. 15,000/ annually and he used to pay Rs. 2,000/ every month to family.

(3.) THE Insurance Company has also denied the plaint allegations. It alleges that it was not informed about taking place of accident which is necessary under the Insurance Policy. Kanhaiya was travelling in the vehicle against the conditions of the Policy, therefore, it is not liable to pay compensation. It is also stated that Mohd. Rouf Khan (driver) did not possess valid driving licence at the time of accident