URMILA SHUKLA Vs. PAVAN KUMAR

JUDGEMENT

(1.) This appeal has been preferred for enhancement of compensation aggrieved by an award dated 30.9.2000 passed by Motor Accidents Claims Tribunal, Satna in Claim Case No. 59 of 1999 on account of death of Shankar Prasad Shukla, teacher, aged about 38 years in an accident dated 6.3.1998 when respondent No. 1 drove the jeep No. MP 19-A 8115 in a rash and negligent manner and vehicle turned turtle near village Bhedra, Shankar Prasad suffered injuries and succumbed to them. Total compensation of Rs. 14,98,000 was claimed, he was earning Rs. 5,450 per month, has left behind widow, children and parents.

(2.) In the reply filed by the driver and owner it was contended that there was no negligence on part of driver, excessive compensation has been claimed. Vehicle was insured as such insurer was liable to make the payment.

(3.) Insurer in the written statement contended that vehicle was driven in violation of terms and conditions of policy as such insurer is not liable. There is collusion between owner and the claimants as such claim petition be dismissed.