SHANTIBAI Vs. PRINCIPAL, GOVINDRAM SAKSERIA TECHNOLOGICAL INSTITUTE

JUDGEMENT

(1.) THE Appellants have filed this appeal against an order passed by the Motor Accidents Claims Tribunal, Indore, (hereinafter called the Tribunal), rejecting the claim petition filed by them.

(2.) THE facts giving rise to this appeal are that the Appellants along with one Gulab, the father of the deceased Kanhaiya, submitted an application before the Tribunal for award of compensation under Section 110 -A of the Motor Vehicles Act, 1939. It was alleged in this application that the Station Wagon bearing number MPF -439, owned by Respondent No. 1, was being driven by Respondent No. 2 on 24th August 1965 on Agra -Bombay Road, near Rajgarh Kothi, Indore. The vehicle was being driven towards Bombay when it knocked down a cyclist named Kanhaiya, who died on the spot. The incident is alleged to have taken place in the evening. It was alleged that at that time the vehicle was being driven at a high speed and negligently and it was because of this that the incident took place resulting in the death of the deceased. It was also alleged that the deceased was earning Rs. 150/ - p.m. On this basis, the widow of the deceased along with his father and minor children filed a claim petition claiming Rs. 50,000/ - as compensation from the Respondents.

(3.) AS regards compensation, the Tribunal held that the Appellants were entitled to Rs. 15000/ - and allowed the application as against the Respondent No. 2. But the Tribunal rejected the application as against the other Respondents on the ground that the Respondent No. 2 was not the driver of Respondent No. 1 and so the Respondent No. 1 could not be held liable for the negligence of Respondent No. 2. It was also held that the reliability trial was exempted in the exemption clause of the insurance policy. The Tribunal also found that there was nothing to show that the Respondent No. 2 held an effective driving licence. Consequently the Respondent No. 3, Insurance Company, was held not to be liable. It is against this that the present appeal has been filed.