SAVITRI DEVI Vs. SUBHASH ACHARYA

JUDGEMENT

(1.) Both these miscellaneous appeals (M.A. Nos. 712 and 696 of 1998) arise out of common award dated 13.5.1998 passed by III Motor Accidents Claims Tribunal in Claim Case No. 28 of 1997 allowing the claim petition of the appellants and rejecting the defence of the insurance company, respondent No. 3.

(2.) The facts in narrow compass are that on 11.2.1995, in the night between 9.30p.m. and 10 p.m. deceased Ramesh Kumar, husband of appellant No. 1 and father of appellant Nos. 2 and 3 was going on the bicycle for attending duty at Moti Tabela, Government College, Indore at the same time, he met with an accident near the shop of Parichaya Tailor situated in Nandlal-pura, Indore, with mini truck bearing registration No. CII 7104 coming from the side of Gautampura, Indore. The said truck was being driven rashly and negligently by respondent No. 2 Ramesh. Ramesh Kumar died instantaneously on the spot. The incident was reported to the Police Station, Pandharinath, where offence was registered against the driver. It was contended by appellants that Ramesh Kumar was Class IV employee drawing a monthly salary of Rs. 2,300 and total earning of Ramesh Kumar was about Rs. 30,000 per year. Respondent No. 1 was the owner of the truck and the same was insured with respondent No. 3. In total, the appellants have claimed Rs. 10,30,000 as compensation. They have also claimed interest at the bank rate from the date of filing of the application. The case was proceeded ex pane against respondent Nos. 1 and 2.

(3.) Respondent No. 3, insurance company mainly contended in reply that no intimation in prescribed form was given to the company and the driver was not possessing licence at the time of accident. The insurance company has pleaded complete denial about the claim sought by appellants. According to the insurance company, since the driver was driving the vehicle contrary to the terms of insurance policy, the insurance company was not responsible for any compensation amount.