DULARIBAI Vs. BRIJ MOHAN KHANDELWAL

JUDGEMENT

(1.) THIS is an appeal by the claimants against the award dt. 20-11-80 passed by the Motor Accident Claims Tribunal, Hoshangabad, in claim case No. 16 of 79, whereby their claims was dismissed on the ground of limitation and on merits both.

(2.) THE case set out in the claim petition was that on 22-3-79, deceased Gajraj Singh met with an accident, while sitting in tractor CPB 3098 when it turned turtle on the slope. He died on the spot. The tractor is owned by respondents No. 1 and 5 and was driven by respondent No. 2 rashly and negligently. The deceased was aged 42 years at the time of accident and used to earn Rs. 800/- per month. Therefore, a claim of Rs. 50,000/- was made as compensation. The claim was lodged on 10-10-79, when the limitation expired on 22-9-79. An Application Under Section 5 of the Limitation Act for condonation of delay was also made by claimants.

(3.) RESPONDENT No. 4, the Insurance company denied its liability on the plea that the respondent No. 2 nor respondent No. 3 had a valid driving licence during the time of alleged accident.