SMT. PUSHPA AND OTHERS Vs. BADRILAL AND ANOTHER

JUDGEMENT

(1.) This is a claimant's appeal filed under Sec. 173 of Motor Vehicles Act (in short called 'the Act') against the award dated 16th Feb., 2004 passed by 2nd Motor Accident Claims Tribunal, Indore in claim case No. 402/02.

(2.) The brief facts of the case are that on 21st May, 2002 one Omprakash was carrying goods in a truck bearing registration No. MP-09-KA-1845 from Gunawat to Indore, when on Mhow-Neemuch road at Methawada Jungle Near a bridge non-applicant No. 1 Badrilal driving the truck rashly and negligently dashed against a Babul tree and overturned, as a result of which Omprakash died on the spot. The legal representative of Omprakash claimants herein filed the claim petition under Sec. 166 of the Act stating that Omprakash was working with M/s. Shrinath Transport Carrier Company as a driver and was receiving Rs. 4,000.00 as monthly salary besides Rs. 50.00 per day as Bhatta (allowance). It was alleged that the claimants i.e. the widow, children and parents of the deceased were dependent on him. They claimed compensation of Rs. 12 lakhs under various heads.

(3.) Non-applicants No. 1 & 2 being the driver and owner of the alleged truck respectively; did not file any written statement and remained ex-parte, whereas non-applicants No. 3 Insurance Company combatted the claim by filing written statement and denying the same on the usual grounds that the deceased Omprakash was travelling illegally in the truck and non-applicant No. 1 Badrilal did not have any valid licence at the time of accident and that the Insurance Company was not liable to pay any compensation.