HASTIMAL DEVILAL JAIN Vs. HARIKISHAN BABAL

JUDGEMENT

(1.) THE owner of Bus No. MBU-6814 has filed the aforesaid appeals under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') against the common award dated 6-1-1995 in M. C. C. No. 8/90, M. C. C. No. 5/90, M. C. C. No. 14/91; and M. C. C. No. 15/91 passed by the First Additional Motor Accidents Claims Tribunal, Sehore.

(2.) ON the fateful day of 23-10-1990, Smt. Pushpa Bai, Phool Singh, Kumar Singh and Harikishan were travelling in Bus No. MBU-6814, owned by the appellant, driven by driver Kasam Khan and insured with respondent No. 3. The bus turned turtle near Kanha Khedi Ghati, at a distance of about 20 km. away from Asta, as a result of which Pushpa Bai and Phool Singh died on the spot and other two passengers Kumar Singh and Harikishan received severe multiple injuries.

(3.) LEGAL representative of the deceased Phool Singh claimed compensation of Rs. 8,49,000/- in Claim Case M. C. C. No. 8/90, legal representatives of Smt. Pushpa Bai claimed compensation of Rs. 12,50,000/- in M. C. C. No. 5/91, the injured Kumar Singh claimed compensation of Rs. 4,50,000/- in M. C. C. No. 14/91 and the injured Harikishan claimed compensation of Rs. 4,00,000/- in M. C. C. No. 15/91. The insurance company only contested all the claims denying its liability, taking specific plea that the driver of the vehicle was driving the vehicle in breach of the terms of the insurance policy Ex. D-1, as he was not duly licensed.