PADMA KHATWANI Vs. HABIBULLAH

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Katni, in M.A.C.T. No. 18 of 1998, dated 28.1.2000.

(2.) The claimants are wife and daughter of late Harish Khatwani, who died in the motor accident on 1.6.1997 when he was going to Rewa by jeep No. MP 17-A 3222 and truck No. MCY 2634 owned and driven by Habibullah (respondent No. 1), rashly and negligently, collided with it. The deceased suffered serious injuries. He was referred to the Government Hospital, Rewa, then to Jabalpur, but he died due to fractures and head injuries. He was 25 years old at the time of accident. He was Manager in two General Stores owned by his brothers, earning Rs. 4,100 per month.

(3.) Owner/driver did not contest the claim, therefore, was proceeded ex parte. While the insurance company has stated that owner, driver and insurance company of the jeep ought to have been impleaded party to the case and the drivers of the truck and jeep did not possess valid driving licence.