SHAKUN SHIVHARE Vs. DHARAMRAJ

JUDGEMENT

(1.) THIS appeal is directed against the award of the Motor Accidents Claims Tribunal, Seoni, in M. GC. No. 49/97, dated 27-1-1999.

(2.) THE accident took place on 26-4-1997 at 12. 30 (noon) on National Highway 7 at Dhuma crossing, when the vehicle No. MP 09/k-5771, driven rashly and negligently by Dharamraj, owned by Manraj Singh, insured with the Oriental Insurance Company Ltd. , hit the cycle of Radhelal from behind resulting in his death. The deceased was Grain-Merchant earning Rs. 4,000/- per month. He was looking after his land earning Rs. 60,000/- per year. Claim for Rs. 13,46,000/- is made for the death of the deceased by the claimants,

(3.) THE owner and driver have been proceeded ex parte, while the Insurance Company has disputed the claim stating that the allegation of the claimants is not correct. The driver did not possess valid driving licence, therefore, the Insurance Company is not liable to pay compensation.