MEERA Vs. JOLLY ROAD LINES

JUDGEMENT

(1.) THE appeal has been preferred by the claimants being aggrieved dismissal of the claim petition as per award dated 7-8-02 passed by IXth Motor accidents Claims Tribunal, Jabalpur in MVC No. 96/2000.

(2.) THE claimants widow, minor children and parents of the deceased ram Sahay (aged about 38 years) have preferred claim petition on account of death of Ram Sahay in an accident dated 17-1-2000. The truck (MP 20-G/0191)was towing another truck (MP 20-A/992) due to rash and negligence driving of the truck No. MP 20-G/0192 the motorcycle dashed with the truck No. MP 20-A/992 Ram Sahay got entangled along with motorcycle with it Ram Sahay sustained injuries and motorcycle was also damaged. The report of the accident was lodged at Police Station Shahpura. The deceased was a teacher in the Govt. School and used to earn a sum of Rs. 7,000/- per month. Compensation of rs. 22,88,000/- was claimed. The truck No. MP 20-G/0192 was owned by respondent No. 1 -Jolly Road Lines, the respondent No. 2 Vimesh @ Vasant was driver of the truck (MP 20-G/0192) and truck was insured with respondent No. 3 the National Insurance Company Limited. The truck No. MP 20-A/992 was driven by Raghuvir Prasad Yadav, owned by Hardayal Singh and insured with the National Insurance Company Limited.

(3.) THE drivers and owners of the trucks remained ex parte. The insurer in its reply denied the liability to make the compensation on the ground that on the date of accident driver was not holding valid and effective driving licence. The owner and insurer of the motorcycle were necessary party. The deceased himself was negligent. Towing truck was not driven in terms and conditions of the policy and towing of another vehicle was not permissible under the terms and conditions of the Insurance Policy.