SHAHJAHAN BEGUM Vs. LAKHAN PRATAP SINGH

JUDGEMENT

(1.) This appeal is directed against the award of the Motor Accidents Claims Tribunal, Chhatarpur in Claim Case No. 23 of 1999.

(2.) Shortly stated, Shabbir Khan was driver of Lakhan Pratap Singh in jeep No. MP 16-A 4496. It met with an accident on 13.5.1999 when it struck against a roadside board and Shabbir Khan died, as a result of injuries received in this accident. At the time of accident Bhagwant Singh, AW 2, was also in the jeep. He also suffered injuries. The matter was reported to the police. F.I.R. was at the instance of Bhagwant Singh in which he alleged rash and negligent driving by Shabbir Khan, to be the cause of accident. This report is Exh. P-1-C.

(3.) Through the claim petition, compensation has been claimed by the claimants who happen to be the wife and children of the deceased. The jeep was insured with New India Assurance Co. Ltd. Lakhan Pratap Singh states that Shabbir Khan was a perfect driver having a valid driving licence. While the insurance company states that the jeep was being used for hire and reward by the District Small Forest Produce Union, Chhatarpur, though it was insured for private use only. This way, claim is not maintainable and claimants should move the Commissioner for Workmen's Compensation, for compensation.