RAM PRASAD PUROHIT Vs. RAMESH CHANDRA

JUDGEMENT

(1.) THIS is an appeal filed by the owner of the offending truck bearing registration No. CPO 8474 against the award dated 27. 9. 1984 passed by the Motor Accidents Claims Tribunal, Shajapur in Claim Case No. 20 of 1981 whereby the learned Tribunal has awarded Rs. 7,000/- as compensation to the claimants in respect of the death of their son Sanjay aged 4 years, arising out of a motor accident due to rash and negligent driving of the truck in question by respondent No. 4, Kalu Khan.

(2.) THE facts giving rise to this appeal, briefly stated, are as follows: On 23. 4. 1981, the date of the accident, while the respondent No. 4, Kalu Khan, was driving the truck bearing registration No. CPO 8474 after unloading it at Prakash Dalal's Transport, Susner, the truck dashed against the deceased Sanjay resulting in his death.

(3.) ON a claim petition having been filed by the parents of the deceased Sanjay against Kalu Khan, respondent No. 4, his employer, the truck owner Ram Prasad and the insurance company with which the truck stood insured, for compensation in respect of the death of deceased Sanjay, the learned Tribunal, on appreciation of evidence adduced in the case, has awarded an amount of Rs. 7,000/- with interest at the rate of 6 per cent per annum from 23. 10. 1981, the date of filing the claim petition, till realisation. The learned Tribunal, however, held only Kalu Khan and his employer, the truck owner, liable jointly and severally to pay the amount of compensation awarded and further held that the respondent insurance company was not liable since Kalu Khan had no driving licence at the time of the accident.