LAWS(MPH)-2007-3-71

PUSHPA BAI Vs. GULAB CHAND VAISHYA

Decided On March 06, 2007
PUSHPA BAI Appellant
V/S
GULAB CHAND VAISHYA Respondents

JUDGEMENT

(1.) THESE two appeals are arising out of the same award dated 17. 12. 1999 passed by Additional Member of the Motor Accidents Claims Tribunal, sheopur under section 173 of the Motor vehicles Act, 1988 in Claim Case No. 3 of 1991.

(2.) CLAIMANTS filed this claim petition claiming compensation of Rs. 64,40,000 on account of death of Naresh Kumar in an accident on 10. 6. 1991 when he was travelling in a jeep No. RNO 6062 which was owned and driven by Man Mohan in a negligent manner due to that it turned turtle. Naresh Kumar died on the spot and others sustained injuries. An F. I. R. was lodged and offence was registered against man Mohan under sections 304-A, 279 and 337 of Indian Penal Code.

(3.) IT was claimed that 14 bighas of agricultural land had fallen in the share of deceased in family partition. The family owned 28 bighas of the land that used to be looked after by the deceased. Annual loss was assessed at Rs. 1,70,000. Man mohan died during the pendency of the claim petition. His father Gulab Chand was substituted as his legal heir. The insurer in the written statement has contended that the policy does not cover third party risk of the passengers. The vehicle was used for the purpose of commercial gain and the driver was not having a licence.