NATIONAL INSURANCE CO LTD Vs. SUNITA YADAV

JUDGEMENT

(1.) This appeal is filed by the appellant insurance company challenging the award passed by the Second Motor Accidents Claims Tribunal, Guna.

(2.) Facts of the case are that on 5/6/1989 deceased Radheyshyam, husband of respondent No. 1, son of respondent No. 2 and father of respondent No. 3 was driving truck from Gwalior to Bhopal. On way to Bhopal, near village Bhimkhedi, Police Station Raghogarh, District Guna, MP, the truck overturned on Agra-Bombay Road on account of rains which resulted into the death of Radheyshyam.

(3.) Counsel for the appellant insurance company submitted that the claim petition is not maintainable as Radheyshyam died on account of his own negligence. Application as filed by the heirs of Radheyshyam is not maintainable. Counsel for appellant has referred to the judgment of Apex Court in case of Tamil Nadu State Trans. Corpn. v. Natarajan, 2003 ACJ 1002 (SC) and submitted that claimants are not entitled to compensation on account of negligence on the part of driver. He then referred to Division Bench judgments of this court in the cases of Krishna Mourya v. J.P. Sharma, 1998 ACJ 877 (MP) and Kanhaiyalal v. Sitabai, 2004 ACJ 1372 (MP), for the same proposition. In all these cases, it is held that on account of negligence on the part of driver, no compensation can be paid to heirs of driver.