VIJAYPRAKASH JATAV Vs. HANIF KHAN

JUDGEMENT

(1.) THIS appeal has been filed for enhancement of compensation aggrieved by award dated 2. 3. 2001 passed by the Motor Accidents Claims Tribunal, shivpuri in Claim Case No. 23 of 1999 (old 92 of 1998 ).

(2.) ON 27. 6. 1997 the accident took place at Madhav Chowk, Shivpuri caused by the truck No. MPG 6939, driven by Hanif khan, owned by Sanno Khan and insured with United India Insurance Co. Ltd. The truck was driven by driver rashly and negligently in which narendra sustained injuries and died. Deceased was aged 20 years. He was student of B. A. first year and was to join the service as supervisor in a private firm. On account of his death, report was lodged and offence was registered against the driver under sections 279, 337 and 304-A of Indian Penal Code and charge-sheet has been filed. It was submitted that if Narendra was alive, he would have earned Rs. 5,000 per month which the claimants are deprived of.

(3.) THE owner and driver in the written statement contended that liability should be imposed on the insurance company as driver was having valid and effective driving licence and driver was acquitted in the criminal case. In the reply it was contended by the insurance company that the driver was not having valid and effective licence as such owner and driver were liable to make the payment of compensation.