SURESH Vs. CHANDABAI

JUDGEMENT

(1.) THIS appeal is directed against the award passed by the learned Second Motor Accidents Claims Tribunal, Indore in claim case No. 110 of 79 dated 23.3.1981, wherein the learned Member awarded Rs. 9000/- to respondents Nos. 1 to 6 and interest at the rate of 6 per cent per annum from the date of the application against the appellant and respondent No. 7 and discharged the Insurance Company, respondent No. 8 from liability.

(2.) THE facts leading to this appeal, in short, are that the respondents Nos. 1 to 6 filed a claim petition before the lower Tribunal on the allegation that on 28.5.1979 at about 5 p.m. when Harichand, who was the husband of respondent No. 1 and father of respondents Nos. 2 to 6 was going on the M.G. Road on the Shastri Bridge from Rajwada to Palasia, scooter No. MPI 9270, being driven rashly and negligently by the appellant, dashed against the deceased from behind due to which the deceased fell down, received injuries and succumbed to those injuries. The deceased was about 40 years of age at the time of his death. He was doing the job of shoe-maker and was earning Rs. 10/- per day. Because of the death of the deceased the petitioners have been deprived of his earnings and therefore, they claimed a compensation of Rs. 50,000/- from the driver (appellant), the owner of the scooter and the Insurance Company with which the scooter was insured.

(3.) THE Insurance company denying the averments made in the plaint has further pleaded that although the accident vehicle was insured with the Insurance Company from 1.4.1978 to 31.3.79, but it was not insured with the Insurance Company on the date of the accident. Therefore, the insurance Company is not responsible.