RUKMANI BAI Vs. KANCHHEDI LAL

JUDGEMENT

(1.) THIS appeal is directed against the award dated February 18, 1998 of Motor Accident Claims Tribunal in MACT Case No. 62 of 1996.

(2.) ACCIDENT took place on 10-12-1995 at 7. 30 p. m. when Truck No. CPQ 6655 driven rashly and negligently hit the deceased at Bhagwanganj (Sagar) resulting in his death. It is stated that deceased Narendra Kumar Bhadoriya was Mistri earning Rs. 1,800 per month. Due to the death, the family has been left without any source of income since it was dependent on the deceased. The vehicle was ensured with the New India Assurance Company Limited, Branch Sagar. It was owned by Kanchhedilal Kori and driven by Munna Lal Patel.

(3.) OWNER and driver have been proceeded exparte in absence of their written statement or counter-claim. The defence of Insurance Company (respondent No. 3) is that driver did not possess valid driving licence, therefore, it was not liable to pay the compensation. Claims Tribunal has come to the conclusion that the deceased was earning Rs. 1,800. 00 per month and that it was not proved that Driver did not possess valid driving licence. However, the claim has been dismissed on the ground that negligence on the part of driver has not been proved.