KAMLA DHURVE Vs. SATYA PRAKASH

JUDGEMENT

(1.) THIS appeal has been preferred by the parents for enhancement of compensation on account of death of bhumika aged 26 years. She was an assistant Professor. She met with an accident on 8. 8. 2005 caused by truck No. MBD 8437 driven by Satya Prakash, owned by one bhikam Singh and insured with Oriental insurance Co. Ltd. A report was lodged and offence was registered against the driver under sections 279, 337, 338 and 304-A of the Indian Penal Code. Salary of the deceased was Rs. 12,500 per month. Total compensation of Rs. 65,50,000 was claimed.

(2.) THE owner and driver in the written statement denied the averments made in the claim petition. Involvement of the truck in question was denied. False report was lodged against the driver. Vehicle was insured. The driver was holding valid and effective driving licence.

(3.) THE insurer in the written statement contended that the driver was not holding valid and effective driving licence, as such denied its liability to make payment of compensation.