SUNIA BAI Vs. RAMMU PATEL

JUDGEMENT

(1.) IN this appeal the appellants has prayed for enhancement of compensation aggrieved by award dated 28. 4. 2004 passed by Fourth Additional motor Accidents Claims Tribunal, Katni in M. C. C. No. 435 of 2002. On account of death of Mehngu Kushwaha, who died in an accident on 19. 12. 2001, the claimants widow, children and his mother filed claim petition before the Claims Tribunal claiming compensation.

(2.) THE deceased was a labourer. He was going from his house to Katni. In front of the house of Shree Ram, tailor, a truck No. MP 21-1062 driven by Rammu Patel dashed him. He died on the spot. The truck was owned by Sanjay Khare and insured with national Insurance Co. Ltd. A criminal case was registered against the driver. It was claimed that age of the deceased was 40 years. He was earning a sum of Rs. 100 per day. A sum of Rs. 15,00,000 was claimed towards compensation. The owner and driver did not file written statement. However, insurer, the respondent No. 3, denied the income of the deceased and contended that excessive compensation was claimed. Driver was not having valid and effective driving licence on the date of accident.

(3.) THE Claims Tribunal has come to the conclusion that the accident was outcome of rash and negligent driving of Rammu patel. At the same time the learned Claims tribunal came to the conclusion that the original licence was forged, though it was renewed, hence insurer has been exonerated from making the payment of the amount of compensation which has been arrived at by the Claims Tribunal. The income of the deceased has been arrived at Rs. 100 per day as the deceased was a skilled mason. His monthly income has been arrived at rs. 1,800. Total compensation awarded is rs. 2,28,000 along with interest at the rate of 9 per cent per annum from the date of filing of the claim petition till realisation. Liberty has been given to the claimant to recover the amount from the insurer. In turn the insurer has been given liberty to recover the amount from owner.