ABDUL RASHID Vs. JITENDRA

JUDGEMENT

(1.) Claimants are dissatisfied with what is awarded to them by the learned Claims Tribunal in their claim petition which was decided by the impugned award passed on 25.4.1998 by 1st A.M.A.C.T, Badwani, in Claim Case No. 53 of 1995. They want more compensation and hence, they are in appeal under section 173 of the Motor Vehicles Act.

(2.) Claimants (appellants herein) are the legal representatives of the deceased one Shakir Khan. Deceased was working as a motor mechanic. He was aged 30 years. On 22.8.1995, when deceased Shakir Khan was engaged in the repair of truck, at about 9 o'clock in the morning, the offending truck bearing No. MH 17-A 9394 came from the opposite direction and dashed the standing truck, on which deceased Shakir Khan was working. The impact of dash by offending truck on the standing truck was so violent that Shakir Khan died on the spot. This led to filing of a claim petition by the legal representatives of the deceased which included his father, mother, wife, sons and daughters. It was alleged in the claim petition that Shakir Khan was earning Rs. 5,000 per month and the accident had occurred due to the rash and negligent driving of the offending vehicle. A claim of Rs. 7,00,000 was filed against the nonapplicants which included the owner, driver and insurance company of the offending vehicle.

(3.) The matter was contested only by the insurance company whereas, the other two non-applicants are ex parte despite service. The defence of insurance company was, that no case of rash and negligent driving was alleged nor made out against the offending vehicle and that the driver of the offending vehicle was not holding a valid licence and, therefore, they are not liable to pay compensation, or/and, no liability can be fastened on them arising out of the accident in question.