CHAMPA PANDEY Vs. HARDAYAL SINGH

JUDGEMENT

(1.) THE appeal has been preferred by the claimants for enhancement of compensation being aggrieved of award dated 1. 4. 05 passed by Motor Accident Claims Tribunal, Sidhi in claim case no. 103/04.

(2.) THE claimant widow, daughter and the parents of the deceased preferred the claim petition on account of death of Deen Dayal pandey driver of the truck (MP 09-KC/3194 ). They submitted that on 8. 2. 04 when the deceased Deen Dayal Pandey was driving the truck near village Jhukehi Thana Amdara District Sidhi there were several ditches on the road consequently, steering of the truck pierced the chest and abdomen of the deceased due to that he became unconscious he was taken to Medical College, Jabalpur where he died on 10. 2. 04. The truck was owned by respondent No. 1 Hardayal singh and insured with respondent No. 3 National Insurance Co. Ltd. Report of the accident was lodged. The deceased used to earn sum of rs. 3,000/-per month and allowance of Rs. 100/-per day. Compensation of Rs. 14,34,000/- was claimed along with interest.

(3.) THE owner of the truck remained ex-parte. The insurer denied the liability to make the payment of compensation, excessive compensation was claimed. Driver Deen Dayal Pandey was not holding valid and effective driving licence on the date of accident, there was lack of the registration, permit and fitness.