VIJAY PRAKASH TIWARI Vs. SATYA BHAMA DEVI

JUDGEMENT

(1.) THIS appeal has been preferred by the owner Vijay Prakash Tiwari assailing the award exonerating the insurer from the liability to make payment of compensation of Rs. 1,74,000/-, awarded on account of death of Prem Narayan, aged 24 years, in an accident dated 18-2-98. Cross-objection has been preferred by the claimants; the widow, son and parents of the deceased, for enhancement of compensation.

(2.) AS per the claimants, deceased was going to Adarsh Science college on 18-2-98, at 2. 30 PM, in order to appear in the examination. Awadhraj tiwari drove jeep bearing registration No. MP-17-A/4297, rashly and negligently and dashed the cycle of the deceased from behind. Prem Narayan sustained injuries. He was taken to Gandhi Memorial Hospital, where he succumbed to the injuries. Autopsy was performed, Apart from being a student of M. Sc. (Final Year), he was imparting tuitions privately and used to earn rs. 2,000/ per month. Compensation of Rs. 14 lacs was claimed. Jeep was owned by Vijay Prakash Tiwari and insured with National Insurance Company Limited.

(3.) OWNER and driver in their joint statement, contended that deceased himself was negligent. Ex-gratia payment of Rs. 10,000/- was received from janpad Panchayat, Sirmour. Insurer, in his written statement, contended that driver was not having valid and effective driving licence. Factum of the insurance of the vehicle was also denied and as such, insurer was not liable to make the payment of compensation.