ABEDA KHAN Vs. BHAGWANT KAUR

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Raisen, arising out of Claim Case No. 187 of 1994 dated 28.7.1995.

(2.) Claimants are wife, sons and daughter of Mohammad Akbar Khan (deceased), aged 37 years, who died in the accident on 23.7.1992 at 8.30 p.m. when he was returning home on his scooter CIC 5244 and truck No. CII 8717, owned by Bhagwant Kaur, driven by Darshan Singh, rashly and negligently and insured with the New India Assurance Co. Ltd. dashed against him with such a force that the scooter fell in pieces and deceased died at the spot. The body was taken to the District Hospital for autopsy and a case under section 304-A, Indian Penal Code, was registered.

(3.) The deceased had passed I.T.I. Fitter Diploma after Higher Secondary Examination. He was running a cottage industry, 'Diamond Fabricates', apart from working in Som Distillery. He was leading a good life and his children were studying in English medium school. Out of his income, he was sparing Rs. 60,000 for family expenditure annually. He could live up to 60 years and earn for 20 years. On account of this accident, the wife and the children have suffered. Compensation of Rs. 20,15,000 has been claimed with interest at the rate of 20 per cent per annum. Owner and the driver of the vehicle have been proceeded ex parte, while the insurance company has opposed the claim stating that the deceased was driving his scooter rashly and negligently resulting in the accident. He did not possess driving licence. Even if it is taken that the truck was involved in the accident, still both the parties were liable for accident. There is violation of insurance policy conditions, therefore, compensation is not payable. The Claims Tribunal has found that accident took place as alleged and the deceased died in this accident. It is also found that the accident was the result of rash and negligent driving of the truck by the driver, but it is not proved that he did not possess driving licence. Similarly, it is not proved that accident took place due to negligence of the deceased. The income of the deceased has been taken to be Rs. 2,500 per month and his age was 42 years at the time of the accident. Consequently, compensation of Rs. 1,50,000 has been awarded and allegations of insurance company have not been accepted.