MANJU Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) -THIS is claimants' appeal filed under section 173 of the Motor vehicles Act, 1988, seeking enhancement of compensation, being aggrieved by the award dated 20. 3. 2003, passed by Seventh additional Motor Accidents Claims tribunal, Gwalior in Claim Case No. 14 of 2001.

(2.) BRIEF facts of the case are that on 23. 11. 2000, deceased Tahsildar Singh was travelling on a motor cycle bearing registration No. MP 07-K 187 as a pillion rider. One Tilak Singh was driving the motor cycle and coming from Gohad to Gwalior. The motor cycle reached near Gurikha chowki, one truck bearing registration No. MBW 1883 was going from Gwalior to gohad and at the same time another tanker bearing the registration No. UP 78-B 0863 was coming from Gohad side. The tanker overtook the motorcyclist. At the same time, there was a collision between the truck and tanker, thereby the tanker was pushed back on account of the said push and tanker also hit the motor cycle. The motorcyclist could not see and realize the aforesaid situation. As a result there was an accident in which both persons travelling on the motor cycle, namely, Tilak Singh and Tahsildar Singh died on the spot. The matter was reported to the Police Station, malanpur, where Crime No. 127 of 2000 was registered.

(3.) THE claimants, who are the minor son and widow including the parents have filed a claim application for compensation under section 163-A of the Motor Vehicles act, 1988. The Claims Tribunal found that the accident took place because of the negligence of the driver of the tanker and the deceased died because of the injuries sustained in the accident. An objection was taken by the insurance company that the respondent No. 3 was not having any valid driving licence and driving the vehicle contrary to the terms and conditions of the policy. Tribunal answered the question in negative and held that insurance company is liable. The insurance company has not challenged this finding. Tribunal awarded compensation of Rs. 2,56,800.