NATIONAL INSURANCE CO LTD Vs. JAGDISH SINGH

JUDGEMENT

(1.) THIS is an appeal of the insurance company assailing the award dated 7. 2. 2005 passed in the Claim case No. 13 of 2004 by Motor Accidents claims Tribunal, Morena awarding compensation of Rs. 3,64,015 to the claimants-respondent Nos. 1 to 5.

(2.) THE claimants-respondent Nos. 1 to 5 are the parents and brothers of the deceased Murarilal who was a driver of the truck bearing No. MP 07-G 0630 earning rs. 3,000 per month and died in an accident which took place on 22. 2. 2002 at 4. 15 a. m. when a truck bearing No. UP 80-G 9651 owned by the respondent No. 6 and insured with the appellant driven in a rash and negligent manner dashed against the truck No. MP 07-G 0630 at Atlas Tiraha, morena as a result Murarilal died on spot.

(3.) INTER alia, claiming compensation claim petition was filed. In the claim petition insurance company took a defence that the truck No. UP 80-G 9651 was being driven by Narendra and as Narendra did not have a valid driving licence, therefore, insurance company is not liable to pay any compensation. The earnings of Murarilal was also disputed. However, after holding that the driver of truck No. UP 80-G 9651, narendra was not having a valid driving licence, learned Tribunal held the insurance company liable to pay compensation on the ground that the insurance company has not proved violation of the policy conditions and the insurance policy is also not filed. Thereafter assessing the income of the deceased to be Rs. 3*000 per month or rs. 100 per day and after applying the multiplier 15 compensation has been awarded. It is further directed that compensation shall be paid along with interest at the rate of 6 per cent per annum and in case compensation is not deposited within 45 days interest at the rate of 7 per cent per annum will be charged.