RAMDHUN TIWARI Vs. DEVI SINGH

JUDGEMENT

(1.) This appeal is directed against the award of the Motor Accidents Claims Tribunal, Shahdol, in Claim Case No. 7 of 1995, dated 10.3.1997.

(2.) Briefly stated, the accident took place on 31.12.1994, when the truck No. MP 20-B 0832, driven by Devi Singh rashly and negligently, hit the motor cycle No. MKA 2719 near Kannabahara causing the death of Ramesh Tiwari. The allegation is that the accident took place due to the rash and negligent driving of the truck by Devi Singh. The truck was owned by Gurmeg Singh and insured with National Insurance Co. Ltd. Compensation of Rs. 8,82,000 has been claimed. The deceased was doing business in grocery, video parlour and flour mill.

(3.) The respondent Nos. 1 and 2 submit that the truck was being driven slowly and carefully while the deceased was driving the motor cycle at great speed and hit the truck resulting in injuries and ultimately death. The claim is exaggerated, there is no liability to pay the compensation. The deceased was 45 years old at the time of accident. Clear facts have not been stated with respect of business of the deceased. The insurance company with which the motor cycle was insured, has not been made party in Claim Case No. 7 of 1995 filed by Sheetal Tiwari (respondent No. 6 herein). The owner of the truck committed breach of conditions of the insurance policy and the driver of truck did not possess valid driving licence.