USHA SAHU Vs. JASWINDER SINGH

JUDGEMENT

(1.) This appeal check-post, Ranjhi (Jabalpur) when truck arises out of award dated 9.3.1999 passed No. HYQ 9365 driven rashly and negli- by the Motor Accidents Claims Tribunal, gently by Chandrabhan (driver) hit cycle Jabalpur in M.V.C. No. 48 of 1997. of Munna Lal (deceased). As a result of this accident, Munnal Lal (42) died. The

(2.) Accident took place on 14.2.1997 at truck was owned by respondent No. 1 and insured with respondent No. 2. Compensation of Rs. 9,98,000 has been claimed by the claimants (appellants) for the death of deceased Munna Lal who was husband and father of appellant Nos. 1 and 2 respectively. Driver died during pendency of proceedings, therefore, his name has been deleted from the case. Surviving respondents have stated that deceased was driving the cycle recklessly after taking liquor and fell down after being hit by other vehicles in the crowd. The truck was being driven carefully and cautiously and accident did not take place with the truck. A false case has been filed against driver of the truck, otherwise accident had taken place due to the fault of deceased. Chandrabhan (driver) did not possess valid driving licence, therefore, the respondents are not liable to pay compensation and claim be dismissed.

(3.) Claims Tribunal framed five issues, recorded evidence and came to the conclusion that accident took place as alleged. Deceased died in this accident. The truck was insured with Oriental Insurance Co. Ltd. The allegation that driver did not possess valid driving licence has remained unsubstantiated. Ultimately, joint and several liability to pay compensation has been fastened on the insurer and insured for Rs. 1,84,800 carrying interest at the rate of 12 per cent per annum. Claimants are not satisfied with this award.