C G SHROUTI Vs. BADSHAH KHAN

JUDGEMENT

(1.) THIS appeal is directed against the award of the Motor Accidents Claims Tribunal, Bhopal, in Claim Case No. 17 of 1998, dated 14. 5. 99.

(2.) THE accident took place on 10. 11. 95, at 6 p. m. When deceased Anurag Shrouti (22) was going on his scooter from Bhopal to Govindpura, he was hit by tanker bearing registration No. MBD 8593. He died instantaneously. The allegation is that the tanker was being driven rashly and negligently by Badshah Khan (driver ). The vehicle is owned by Pipaiyamal, respondent No. 2 and insured with National Insurance Co. Ltd. , Bhopal. Deceased was freelance photographer. He was earning Rs. 5,000 per month, out of which he spent Rs. 1,000 on himself and left Rs. 4,000 for maintenance of the family. He was a healthy young man of 22 years. Compensation of Rs. 15,50,000 has been claimed under various heads mentioned in the claim petition along with interest at the rate of 12 per cent per annum.

(3.) THE respondent No. 3 has not admitted the claim. It is stated that the respondent Nos. 1 and 2 committed a breach of insurance policy conditions, therefore, it was not liable to pay compensation. It is also stated that accident took place due to contributory negligence of the parties.