PAHARI LAL Vs. MAHESH RAM

JUDGEMENT

(1.) Being aggrieved by the award dated 23.12.1994, passed in Claim Case No. 1 of 1993 by the Second Addl. M.A.C.T., Mandla, whereby an award of Rs. 72,000 along with interest at the rate of 12 per cent per annum has been awarded, the present appeal has been filed by the claimants for enhancement.

(2.) Short facts of the case are that the appellants-claimants filed a claim case alleging that deceased Dumare Bai was the wife of appellant No. 1 and mother of rest of the appellants. It was alleged that the deceased Dumare Bai was employed on the said truck bearing registration No. MPJ 4596. While she was sitting in the truck, at that time she slept and fell down. The accident took place on 8.12.1992. The offending vehicle was driven by the respondent No. 1, owned by the respondent No. 2 and insured with respondent No. 3 at the relevant time. It was also alleged that because of rash and negligent driving of respondent No. 1, she died. A criminal case was registered at Crime No. 290 of 1992, hence the claim petition was filed for a sum of Rs. 3,72,400. This claim petition was opposed by the respondents and it was prayed that the offending vehicle was not insured at the time of the accident. It was further alleged that the accident took place on 8.12.1992 at 3 p.m. while the offending vehicle was insured at 5 p.m. on that very day.

(3.) On the basis of the pleadings of the parties, the learned Tribunal framed the issues and recorded the evidence. By the impugned award, the learned Tribunal held that since the offending vehicle was not insured at the relevant time, therefore insurance company, respondent No. 3, is not liable. However, against the driver and owner of the offending vehicle, respondent Nos. 1 and 2 herein, the award was passed for a sum of Rs. 72,000.