NEW INDIA ASSURANCE CO LTD Vs. BHANUMATI DEVI

JUDGEMENT

(1.) This appeal arises out of the award passed by the Motor Accidents Claims Tribunal, Bhopal, in M.V.C. No. 293 of 1990.

(2.) The claimants are legal heirs of Ram Vriksha. The claim petition seeks compensation of Rs. 12,00,000 on the death of Ram Vriksha, husband of Bhanumati Devi and father of four children. The accident had occurred on 1.12.1989 at 9 p.m., when Ram Vriksha going on his scooter, was hit by tractor bearing registration No. MKB 2493. He was shifted to the hospital where he died on the next day.

(3.) Allegation is that the accident took place due to rash and negligent driving of tractor driver Abdul Rashid. Abdul Rashid and Abdul Wahid Khan submit that the deceased was dead drunk and was driving the scooter rashly and negligently. Accordingly, he hit the tractor and sustained the injuries. New India Assurance Co. Ltd. alleges that the deceased contributed to the accident. He did not possess a valid driving licence to drive the scooter. The liability of the insurance company is limited to Rs. 1,50,000, the trolley was not insured. On this ground, it is submitted that the claim should be dismissed.