KADAM LAL Vs. SURENDRA KUMAR

JUDGEMENT

(1.) THIS appeal is directed against award dated 29-3-1996 of the Additional Motor Accidents Claims Tribunal, Jabalpur in Claim Case No. 105 of 1995.

(2.) SANAT Kumar (deceased) was Mason earning Rs. 35. 00 per day. Accident took place on 6-8-1983 when he was going with Bakridi on cycle from Ghantaghar to his house and was hit by truck bearing registration No. CPK 7714 driven by Driver Harilal, owned by Surendra Kumar and insured with the Oriental Fire and General Insurance Company Limited, Shastri Bridge, Jabal- pur. As a result of accident, deceased Sanat Kumar suffered serious injuries causing his death on the same day in the hospital. Claimants are parents of the deceased. They have claimed compensation of Rs. 2,72,000. 00 for the death of their son alleging that the accident took place due to rash and negligent driving of the truck by the driver.

(3.) RESPONDENT 1 has admitted that he owned the truck in which Harilal was the driver but stated that it was not being driven rashly and negligently since it was passing through congested road. The income of the deceased has been disputed. It is stated that the vehicle was insured, therefore, the compensation would be paid by the Insurance Company. The Insurance Company has stated that registration and driving licence were not produced before it, therefore, it should be taken that the driver did not possess driving licence. Consequently, it is not liable to pay the compensation. Even otherwise, its liability is limited to Rs. 50,000. 00.