MAHILA SHANTI DEVI Vs. CHAMBAL RURAL DEVELOPMENT

JUDGEMENT

(1.) THIS appeal is by claimants for enhancement of award.

(2.) ON 27th June, 1992, at about 10.00 in the night, jeep No. M.P. 07/B-724 was plying from Gwalior towards Morena. The jeep dashed against a truck which was standing by the side of road. On account of accident, Roopram, who was travelling in the jeep, died on spot. Petitioners had filed petition for claiming damages before the Third Additional Motor Accident Claims Tribunal, Morena (hereinafter referred to the "Tribunal"). The Tribunal awarded compensation of Rs. 1,68,600/- to claimants. The Tribunal has recorded a finding that monthly income of deceased was Rs. 1,311/-. On the basis of income of Rs. 1,311/- per month the dependency was determined at Rs. 800/-, and multiplier of 16 was applied to determine the compensation.

(3.) COUNSEL for Insurance Company submitted that the jeep was being plied for reward or hire, and, therefore, the Insurance Company is not liable to pay compensation. As per the insurance policy, Insurance Company is liable to pay compensation for the terms mentioned in the policy and Insurance Company is not liable to pay compensation if the vehicle is plied for reward or hire.