MANJU SAHU Vs. GYANI SINGH RAJPUT

JUDGEMENT

(1.) This order shall also govern the disposal of MA No.16/2009, filed by the respondent No.3. As in both the appeals the award under challenge is dated 24/10/2008 passed by MACT, Narsinghur, in claim case No.77/07, whereby claim petition filed by the appellant was allowed and compensation of Rs .2,47,120/-, was awarded present appeal has been filed. In the appeal filed by the appellant, the prayer is for enhancement of the compensation, while in the appeal filed by the respondent No.3, the prayer is that respondent No.3 be exonerated.

(2.) Short facts of the case are that appellant filed a claim petition alleging that on 28/09/2007, Shivkumar was going on his motor bike along with his wife and children, at that time road roller, which was owned by respondent No.2 and insured with respondent No.3 and was being driven by respondent No.1, rashly and negligently, dashed the motor bike of the deceased, with the result deceased sustained head injuries and passed away. It was alleged that deceased was Teacher and was earning Rs.4,284/- per month. It was alleged that claim petition be allowed and adequate compensation be awarded.

(3.) The claim petition was contested by respondent No.3 on various grounds including on the ground that respondent No.1 was not possessing valid driving license. It was alleged that the offending vehicle was being driven by respondent No.1 in violation of terms of the policy, therefore, claim petition be dismissed. After framing of issues and recording of evidence, learned tribunal allowed the claim petition and awarded a sum of Rs.2,47,120/- as compensation, against which present appeal has been filed.