BILNIYA BAI Vs. MOTILAL

JUDGEMENT

(1.) This appeal is directed against the award of the Motor Accidents Claims Tribunal, Mudwara (Katni), dated 20.3.1997, in Claim Case No. 95 of 1992.

(2.) On 27.9.1992 Munnilal (deceased) was going for duty at Kymore (Katni) by his cycle. When he reached at Asbestos turning, Motilal (driver) of bus No. MKA 3120 driven rashly and negligently hit the cycle resulting in grievous injuries to the deceased, who was admitted in Government Hospital, Katni. However, he died on 30.9.1992. At the time of the accident, the deceased was 45 years old and was working in Asbestos Company Ltd. He was the sole earning member of the family.

(3.) The respondents submit that there was no negligence on the part of the bus driver and the insurance company alleges that the driver did not possess valid driving licence, therefore, they are not liable to pay compensation.