KAVITA CHOUHAN Vs. RAJENDRA SINGH TOMAR

JUDGEMENT

(1.) THE appeals have been preferred by the claimants as well as by the insurer aggrieved by an award dated 24. 4. 2007 passed by Ninth Addl. M. A. C. T. (Fast Track Court), Gwalior in Claim Case no. 30 of 2006.

(2.) IN an accident dated 5. 6. 2005 caused by truck No. MP 06-E 1244 by Rajendra singh Tomar, one Jitendra Singh sustained injuries and succumbed to them. The age of Jitendra Singh was between 30 and 35 years. When he was travelling on a motor cycle on left side of the road, he was dashed by truck driven rashly and negligently by its driver. Report against the driver of truck was lodged. Offence under section 304-A, Indian Penal Code was registered against him. Compensation in the sum of rs. 24,60,000 was claimed. The monthly income was claimed to be Rs. 8,000.

(3.) THE Claims Tribunal has awarded total compensation of Rs. 4,25,000 along with interest at the rate of 9 per cent per annum from the date of filing of claim petition till realization. The liability has been fastened jointly and severally upon the insurer, owner and driver as breach of insurance policy has not been established. Consequently, the insurer as well as the claimants have come up in the appeals. The claimants prayed for enhancement of compensation whereas the insurer has submitted that driver was holding the licence to drive light motor vehicle whereas he was driving heavy goods vehicle, thus, there was breach of policy of insurance, consequently insurer should have been exonerated.