CHHOTIBAI Vs. DOMA SINGH

JUDGEMENT

(1.) This appeal is directed against the award of the Motor Accidents Claims Tribunal, Multai, in M.C.C. No. 22 of 1996, dated 24.4.1998.

(2.) Jasoda (deceased) died in the motor accident on 4.6.1989. She was 20 years old at the time of accident and earning Rs. 1,500 per month. Allegation is that the accident took place due to rash and negligent driving of the tractor-trolley, otherwise the accident would not have taken place. Claimant is mother of the deceased.

(3.) The insurance company took the defence that the tractor could be used for agricultural purposes, but it was being used for non-agricultural purposes and the driver did not possess valid driving licence, thereby committing breach of the conditions of the policy. All these defences have been rejected by learned Tribunal which has awarded compensation of Rs. 50,000 carrying interest at the rate of 12 per cent per annum from the date of application till payment. Claimant, not satisfied with this award, has filed this appeal for enhancement.