SAROJ Vs. ARVIND

JUDGEMENT

(1.) Appellants preferred this appeal aggrieved by the dismissal of their claim petition by 9th Motor Accident Claims Tribunal, Gwalior, in MACC No.106/2012 on 1/4/2013.

(2.) In brief facts of the case are that on 16/5/2022 deceased Deepak aged about 25 years by his motorcycle was going to Vijaygarh. When he reached in front of S.R. College Road, respondent No.1 in the ownership of respondent No.2 insured with respondent No.3 came driving Tatapickup M.P.07 L 1711 came rash and negligently and dashed with the motorcycle, due to which, deceased Deepak in injured condition was brought to J.A. hospital. During treatment, he was declared died. Rakesh Jatav lodged a report at Police Station Maharajpura. Respondent No.1 was arrested. After investigation, charge-sheet has been submitted. At the time of accident, deceased used to earn Rs.20,000.00 per month by doing milk diary work. Appellant No.1 is his wife. Appellants No.2 and 3 are his daughters. Appellant No.4 and 5 are his mother and father. They were dependent on his income. Due to his death, they are hand to mouth. They are unable to maintain themselves. On their application, notices were issued. Driver and owner remained absent, therefore, exparte proceedings were drawn.

(3.) Respondent-Insurance Company in reply has submitted that so called offending vehicle has been falsely implicated only to get compensation. In fact, accident has not been taken place by the aforesaid offending vehicle which was insured with him. Accident took place on the rash and negligent driving by the deceased Deepak himself. Beside this, in accident contributory negligence of both the drivers is involved. Respondent No.1 was not having valid licence and respondent No.2 was having permit and witness. In these situation, Insurance Company is not liable to pay the compensation.