LEELABAI Vs. JUMMA KHAN

JUDGEMENT

(1.) This appeal is directed against the award dated 31.1.2000 passed by the Claims Tribunal, in Claim Case No. 17 of 1999.

(2.) Briefly stated, the accident took place on 27.12.1998 at 11 p.m., when one Gopal Koli (35) fell down from the window of truck No. MP-17-8948 and died leaving behind Leelabai (wife), Raju (son) and Anita (daughter). The truck was owned by Jumma Khan (respondent No. 1), driven by Jai Singh (respondent No. 2) and insured with National Insurance Co. Ltd., Indore. The allegation is that the accident took place due to rash and negligent driving of the vehicle, otherwise it would not have taken place. At the time of accident, the deceased was earning Rs. 1,200 per month, apart from Rs. 30 daily allowance. Compensation of Rs. 22,15,000 is claimed.

(3.) The owner and driver (respondent Nos. 1 and 2) have admitted that the deceased was a cleaner in the truck and he died while he was getting into the truck from the rear side. The insurance company (respondent No. 3) claims that the driver did not possess a valid driving licence for driving the vehicle, therefore, violated the conditions of the insurance policy, hence not liable to pay any compensation. -As a matter of fact, the deceased was responsible for his death being negligent and was travelling by the truck.