MOHAMMAD ANIS Vs. RAMESH CHANDRA AGARWAL

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accident Claims Tribunal, Shahdol, Claim Case No. 27/92, dated 29-3-1996.

(2.) Briefly, claimants are legal heirs of driver Mohd. Safi (deceased). They are claiming compensation for the death of Mohd. Safi, driver of truck No. MP-16A/0225, owned by Ramesh Chandra Agarwal, insured with Oriental Insurance Company, Limited, which met with accident on 4/09/1992 at 12 p.m. The deceased was run over by the truck and he died. According to claimants, deceased was earning Rs. 2,000/- per month, in addition to Rs. 60/- daily allowance. The claimants were depending on him for subsistence and with the death of the deceased they have lost a bread earner of the family.

(3.) The respondents submit that the deceased was rash and negligent in driving the truck. Insurance Company states that he did not possess valid driving licence and he could approach to the Commissioner, Workmen's Compensation and Claims Tribunal has no jurisdiction to entertain the claim petition; and that there was no defect in the vehicle; and mechanical report has not been produced which mentions that the brakes of the vehicle were in order.