MUNNI BAI SAHU Vs. MAN MOHAN SINGH HORA

JUDGEMENT

(1.) Through this appeal, award of Motor Accidents Claims Tribunal, Jabalpur in M.V.C. No. 103 of 1997 dated 28.8.1999 has been challenged.

(2.) Shortly stated, accident occurred on 6.4.1997 at Tripuri Chowk, Garha Road, Jabalpur when Nanheveer Sahu, deceased, was going on his bicycle to attend his work, truck No. MKM 1935 driven rashly and negligently dashed with the bicycle of the deceased from behind. As a result, deceased suffered injuries in the head and other parts of the body. He died on the spot. The deceased Nanheveer Sahu was 35 years old. He was a raj-mistri (skilled mason) and earning Rs. 150 per day. The claimants are dependants of the deceased, therefore, they claimed compensation of Rs. 13,10,000.

(3.) Driver of vehicle has been proceeded ex pane. Owner of vehicle states that the vehicle was being driven by Ramakant at the relevant time. Accident occurred due to negligence of the deceased. Insurance company states that it was not informed about the taking place of accident by the truck owner. There is collusion between the claimants and the driver and owner of truck. Deceased was himself responsible for the accident. The owner and the driver were using the vehicle in contravention of the terms and conditions of the insurance policy, therefore, it is not liable to pay compensation and the claim deserved to be dismissed. However, the Claims Tribunal held, as alleged by the claimants, that there was no violation of conditions of insurance policy. The owner and driver of the offending truck were jointly and severally liable to pay compensation of Rs. 2,18,200 with interest at the rate of 12 per cent per annum from the date of application.