PUNIYABAI & ORS. Vs. SAHADAT ALI & ORS.

JUDGEMENT

(1.) The appellants/claimants have preferred the present miscellaneous appeal against the award dated 30.6.2004 passed by the Ninth Motor Accident Claims Tribunal Jabalpur in Motor Vehicle Case No. MVC No. 5 of 2004 whereby the claim application under Sec. 166 of he Motor Vehicles Act filed by the appellants was dismissed.

(2.) The appellants have filed an application under Sec. 166 of the Motor Vehicles Act that on 11.1.2003 Ramsingh, husband of the appellant no. 1, and father of the appellants no. 2 and 3 was going from his shop at Bahoripar to his house at Khursi. When he was on the way the respondent no. 1 who, was driving a truck MP20 G-2959 in a rash and negligent manner has dashed him. Ramsingh sustained fatal and grave injuries on his left leg. He was admitted in the Medical College and an FIR was lodged at Police Station, Bargi. During treatment, the deceased Ramsingh had expired in consequence of the injuries and therefore, the appellants have moved an application for compensation of Rs. 8,85,000.00 against all the respondents.

(3.) The respondent no. 3 in its reply denied the claim of the appellants and took a plea that the vehicle was driven without any valid or appropriate driving license and therefore, the Insurance Company was not responsible for payment of the compensation.