SHAFIQ KHAN AND ANOTHER Vs. MUNNALAL AND OTHERS

JUDGEMENT

(1.) All these appeals are arising out of same accident, but against different awards passed in Claim Case No. 26/2007 on 20th Aug., 2008 and in Claim Case No. 24/2007 on 13th Jan., 2009. MA No. 335/2009 has been filed by the Insurance Company challenging the award passed in Claim Case No. 24/2007; MA No. 1376/2008 has been filed by the Insurance Company assailing the award passed in Claim Case No. 26/2007, while MA No. 1220/2008 has been filed by the claimant seeking enhancement.

(2.) It is not disputed that the accident took place on 11th Sept., 2007 when the deceased Ashok and Shahid were sitting on the rooftop of the cabin of the truck bearing registration No. M.P. 38-G-4768. It is said that when the truck reached near the village Visloni the driver driving the Truck rashly and negligently dashed it against an electric pole and due to electrocution Ashok and Shahid died. In the case of Shahid claimants are mother and father while in the case of Ashok, the claimants are wife, mother, father, brother and sister. Accordingly, by filing claim case under Sec. 166 of the Motor Vehicles Act compensation were sought.

(3.) The Insurance Company has filed the written statement denying all the averments inter-alia contending that the death of deceased was not due to rash and negligent driving of the truck, but it was due to electrocution. It is said that claims have been filed asking exaggerated amount and the driver of the truck was not having valid driving license. It is contended that there was violation of the terms and conditions of the insurance policy, however, the Company is not liable to pay compensation. The owner and driver have also contested the claim denying the claim supporting the plea as taken by the Insurance Company in its written statement.