KALABAI Vs. MUSHTAQUE KHAN

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Seoni, in Claim Case No. 38 of 1996, dated 8.5.1998.

(2.) Briefly stated, Prakash (deceased) was a newspaper hawker. He was studying in the IX class. He was 15 years old on the date of the accident which took place on 1.4.1996, at 8 a.m. at Chhui Bus Stand (Seoni). While he was taking out the bundles of newspaper from the bus, suddenly 1025 the driver moved it as a result of which he fell down and rear tyres ran over his legs. He was shifted to hospital where he died on the next day.

(3.) Respondents denied the claim. They state that the deceased was in the habit of getting into the bus without permission of the driver who had been asking him not to do so. On the date of accident, he was trying to catch hold of the handle of the door which he could not and fell down resulting in the injuries. He himself was responsible for the injuries and ultimate death. Insurance company alleges that the driver did not possess valid driving licence for driving the vehicle, therefore, committed breach of the policy conditions; the driver was not negligent; the deceased was trying to get into the bus and fell down.