DALJEET KAUR Vs. FAKRU

JUDGEMENT

(1.) THIS appeal is filed by the claimants-appellants against the award dated 6. 2. 2006 passed by Second Additional Motor accidents Claims Tribunal, gwalior in Claim Case No. 66 of 2005 for enhancement of compensation. The Tribunal by the said impugned award awarded compensation amounting to Rs. 3,21,500 and held that the owner and insurance company are liable to pay the amount of compensation along with interest at the rate of 6 per cent per annum from the date of filing of claim petition.

(2.) THE insurance company, respondent no. 2, raised an objection before Claims tribunal that original driving licence issued in favour of the driver was fake and, therefore, insurance company is not liable to indemnify the insured. The said objection was rejected by the impugned award dated 6. 2. 2006 and, therefore, after receipt of notice of the memo of appeal, insurance company filed the cross-objection in this appeal.

(3.) BRIEF facts of the case are that on 27. 7. 2003 a truck bearing registration No. MP 07-G 0724 was driven by Major Singh. He was driving the truck and going via nashik to Mumbai, suddenly front side tyre of driver side bursted, due to which driver of the truck lost his control and dashed it with another truck bearing registration no. MH 30-A 9237. The driver major Singh who was driving the truck bearing registration No. MP 07-G 0724 sustained grievous injuries and during his treatment died at Civil Hospital, Shahpur.