LAWS(MPH)-2006-1-4

BHAGWANDAS Vs. SATISHCHANDRA

Decided On January 25, 2006
BHAGWANDAS Appellant
V/S
SATISHCHAND Respondents

JUDGEMENT

(1.) Arun Mishra, J. This appeal has been preferred by claimants against the award dated 29.1.1997 passed in Claim Case No. 55 of 1994 by Second Additional Motor Accidents Claims Tribunal, Gwalior.

(2.) The claim petition was preferred by the claimants on account of death of Anil Kumar, who died in vehicular accident on 9.10.1991. Learned Claims Tribunal has awarded compensation of Rs. 1,61,600 along with interest at the rate of 12 per cent per annum from the date of application till realisation. The vehicle was driven by Satishchand at the time of incident. It was owned by Sadhna and was insured with New India Assurance Co. Ltd. The driver was proceeded ex parte and did not appear before the learned Claims Tribunal in spite of service.

(3.) Written statement was filed by the insurer contending that licence held by the driver was fake. It was not issued by the R.T.O., Alwar (Rajasthan). As there is violation of terms and conditions of the insurance policy, hence insurer is not liable to pay compensation.