PHOOLCHAND RAI Vs. LAXMAN DAS

JUDGEMENT

(1.) THE claimants have preferred the present appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Bhopal in Claims Case No. 120/1985.

(2.) CLAIMANT's son Om Prakash Rai died in an accident dated 14-12-93. The deceased after alighting from Madhya Pradesh State Road Transport Corporation but was going back to his house near 'mata' mandir (temple of local diety), when Mini Bus No. MP04-C/6913 driven by Abdul Aziz, owned by Laxman Das and insured with The Oriental Insurance Company Limited, dashed against him. Head injuries were suffered. Om Prakash was taken to the hospital where he died. The deceased was working as a Lab Attendant in Indian Institute of Social Science and was drawing salary of Rs. 1838/-, including other facilities the emoluments were Rs. 2500/ -. The deceased was aged 26 years and was fit and in good health. Report of the incident was lodged. A criminal case was registered against the driver. The total amount of the compensation claimed was Rs. 4,10,000/ -.

(3.) THE owner and the driver were proceeded ex-parte and did not file any written statement. The insurer in the written statement denied the allegations and contended that the Mini Bus was driven in violation of the conditions of the insurance policy. The driver was not possessing a valid driving license at the time of the accident and hence the claim be dismissed against the Insurer.