SHERWANI Vs. JAGDISH

JUDGEMENT

(1.) APPELLANTS claimant (hereinafter referred to 'the claimants') initiated an action under section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act') before the Motor Accident claims Tribunal, Dewas for grant of compensation of Rs. 15,00,000/- forthe death of Jate Istakar, a driver in Public Works department, who died in an accident caused due to dashing of the truck bearing registration no. MP/09-KA/5305.

(2.) IT was contended before the Tribunal that his monthly salary was Rs. 8,142/- and he had left behind two wives and six children. As one of the daughters was given in marriage she was not brought on record as a respondent. It was put forth that his monthly contribution to the family was considerably high as he maintained the family with immense love, care and affection. He was aged 52 years and by his untimely death immense loss had been caused for which the compensation was sought.

(3.) THE claim put forth by the claimants was resisted by the insurer on the ground that there had been breach of terms and conditions of policy; that the claim was quite exorbitant andthattheinsurerwas not liable to indemnify the owner.