SHASHIBALA Vs. RAJENDRA SHARMA

JUDGEMENT

(1.) - The appeals have been preferred by the insurer, claimants as well as by the owner aggrieved by award dated 7. 10. 2006, passed in Claim Case nos. 14 and 23 of 2005 by Motor Accidents Claims Tribunal, Khandwa.

(2.) THE claimants preferred the claim petitions on account of death of Sanjay dongre (aged 35 years) and Mahesh Chou-rey (aged 45 years ). Sanjay Dongre and mahesh Chourey were going on motor cycle (MP 12-F 0830), their motor cycle was dashed by a Tempo Trax (MP 09-S 2639) while Tempo Trax was coming back to Khandwa. Due to the accident injuries were caused to Sanjay Dongre and Mahesh chourey, both of them succumbed to the injuries. Report of accident was lodged at p. S. Piploud, offence under sections 279 and 337 of Indian Penal Code was registered at Crime No. 314 of 2004. The driver was charge-sheeted. Mahesh Chourey was an assistant teacher in the government school and was working as block coordinator, his salary was Rs. 9,579 per month, his age was claimed to be 42 years. The claim petition was preferred by the widow and minor children, total compensation of rs. 31,00,000 was claimed. On account of death of Sanjay Dongre, claimants claimed that deceased was an electrician, he was running a shop in the name and style of sanjay Electricals, he used to earn a sum of Rs. 10,000 per month. Claim petition was preferred by the widow and parents. Total compensation of Rs. 28,35,000 was claimed. The Tempo Trax was owned by yudhishthir Sharma, driven by Rajendra sharma and insured with National Insurance Co. Ltd. Motor cycle was owned by poornashankar Dongre.

(3.) THE owner and driver in their reply have submitted that Sanjay Dongre himself drove the motor cycle rashly and negligently. The driver of Tempo Trax was not negligent. The insurer denied its liability, inter alia, on the ground that the driver of tempo Trax was not holding valid and effective driving licence as such it was not liable. The owner Poornashankar also submitted that Sanjay Dongre was not negligent. Negligence was on the part of driver of Tempo Trax.