NEW INDIA ASSURANCE CO LTD Vs. GULSHAN

JUDGEMENT

(1.) THIS appeal is directed against the award dated 4. 11. 1996, passed by the Motor Accidents Claims Tribunal, Bhopal, in Claim Case No. 8 of 1994.

(2.) SHERU Khan was driver of truck No. MP 14-0795. This truck was loaded with buffaloes. While this truck was going from Sawankund Manasa to Bilaspur at about 10. 30 p. m. , another truck No. MP 05-8786 came from opposite direction and dashed against the truck of Sheru Khan. The truck of Sheru Khan turned turtle and Sheru Khan was crushed under the body of the truck and died on the spot. Police registered a criminal case under Sections 279, 337 and 304-A of the Indian Penal Code against the driver of the truck No. MP O5-8786. Sheru Khan was earning Rs. 3,000 per month. Claimants are his widow, minor son and widowed mother. They all were dependent on the income of the deceased Sheru Khan. They have claimed total compensation of Rs. 7,00,000 from the respondent Nos. 4 and 5 and the appellant jointly and severally, being owner, driver and insurer of the offending truck.

(3.) THE respondent Nos. 4 and 5 remained absent and did not contest the claim, while the appellant (insurance company) resisted the claim and denied the allegations. However, the fact that the offending truck was insured with it, has been admitted. It has also been pleaded that the driver of offending truck did not possess valid driving licence thereby committed breach of the terms and conditions of the insurance policy. The plea of contributory negligence has also been set up.