KESHAR BAI Vs. AFSAR ALI

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, 1988 has been filed against the award dated 6.10.2006 passed by the Motor Accidents Claims Tribunal. Dhar, in Claim Case No. 58 of 2006.

(2.) Cheetar, the husband of the appellant No. 1 and father of the appellant Nos. 2 to 5, had died in a motor accident, which had taken place on 22.5.2005. On the date of accident Cheetar was travelling in his tractor and the accident was caused by truck No. MP 09-K 4912 coming from opposite direction. Shivkant, respondent No. 2, was the owner of the truck No. MP 09-K 4912.

(3.) The appellants had filed the claim petition before the Tribunal and the Tribunal found that the appellants were entitled to the compensation of Rs. 1,49,500 along with 6 per cent interest from the date of application. Claims Tribunal exonerated the insurance company on the ground that the cheque, which was issued towards the insurance of truck No. MP 09-K 4912, had been dishonoured, therefore, the insurance company cannot be held liable to pay the compensation amount.