VIDYA SONI Vs. PUSHPESH DWIVEDI

JUDGEMENT

(1.) IN this appeal preferred under Section 173 of the Motor vehicles Act, 1988 (for brevity 'the Act'), the assail is to the award dated 13-10-2001 passed by the Motor Accident Claims tribunal, Tikamgarh (in short 'the tribunal') in mcc No. 18/1999.

(2.) THE claimants-appellants (hereinafter referred to 'the claimants') initiated an action under Section 166 of the Act for grant of compensation of Rs. 60,00,000/- for the death of Ramswarup and Dhiru who died in a vehicular accident which occurred on 10-4-1999 at 7 p. m. when the motorcycle being driven by Ramswarup was dashed by a mini-truck bearing registration No. MP-15/j-0568 at Nivari Sandri road being rashly and negligently driven by the respondent No. 2, as a consequence of which Ramswarup and his son Dhiru breathed their last on the spot. It was put forth before the tribunal that the deceased Ramswarup was earning Rs. 5,000/- per month and his son Dhiru was 15 years of age and prosecuting his study in class IX. The claimants, who are the wife and the minor daughter of Ramswarup put forth the claim on various heads, as stated hereinbefore.

(3.) THE owner, driver and insurer, the respondents before the tribunal, entered contest. It was put forth by the owner and the driver that the vehicle was insured with the National Insurance Company Ltd. , the third respondent and, therefore, they were entitled to be indemnified by the insurer. It was also contended by them that ramswarup himself was negligent as he was driving the motorcycle in a rash and negligent manner and further did not possess the driving licence.