AMBARAM Vs. SATYENDRA SINGH

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, 1988 has been filed by the claimants for enhancement of compensation against the award dated 18.12.2009 passed by Addl. Member Motor Accident Claims Tribunal, Sonkatch, Distt. Dewas in claim case No. 17/08, whereby the tribunal awarded a sum of Rs. 1,50,000/- as compensation to the appellants.

(2.) Brief facts of the case are that on 7.11.09 Jyoti along with her friends were going to Sonkatch school, when they reached at Village Pilwani in front of the house of Jaiswal, at that time, truck bearing No. MP09-HF-3629 which was driven by respondent No. 1 rashly and negligently, hit them due to which Jyoti and her friend Reena sustained grievous injuries and died on the spot. Matter was reported at Police Station, Sonkatch. At the time of accident deceased Jyoti was prosecuting her studies at Sonkatch school. The appellants who are father and mother of the deceased had filed a claim petition under section 166 read with section 140 of the Motor Vehicles Act, 1988, claiming compensation of Rs. 11,30,000/-. The offending vehicles was insured with the respondent No. 3 insurance company. The respondents No. 1 and 2, driver and owner were proceeded ex parte and they have not filed any written statement/ reply before the claims tribunal. The respondent No. 3 insurance company filed its written statement and denied the averment made in the claim petition. In para 28 of the written statement it is averred that respondent No. 1 driver was not having valid and effective driving licence to drive the vehicle bearing No. MP09-H.F. 3629. (Exhibit D/1) is driving licence verification report dated 16.10.08. As per this report the insurance company has verified the licence of driver from Road Transport Authority, Varanasi and as per Form No. 54 (Exhibit D/2) issued by RTO, Authority, Varanasi, DL. No. S-21475 Varanasi /87 dated 25.1.1987 the said licence was take and fabricated. Driving licence verification report (Exhibit D/1) was issued by S.K. Singh investigator of the insurance company. Exhibit D/2 is the form 54 issued by licensing authority Motor Vehicles Department, Varanasi. Lalit Bandi (NAW-1) Assistant Manager of respondent No. 3 insurance company in para 2 of his cross examination has deposed that he had no knowledge about the person who had issued Exhibit D/2. This witness in para 2 of his statement very specifically admitted that Exhibit D/2 does not bear the seal and signautre of licensing authority.

(3.) On the other hand, Smt. Sudha Shrivastava, learned counsel for respondent insurance company has submitted that in absence of any evidence that at the time of accident deceased was in 9th standard and prosecuting her studies at Sonkatch school the amount of compensation awarded by the tribunal is just and proper and no case for enhancement of compensation as prayed by the appellants is made out and prayed for dismissal of the appeal.