BINA Vs. MOHD AHSAN

JUDGEMENT

(1.) THIS appeal has been preferred by the claimants calling in question the award dated 16. 8. 2004 passed by fourth Motor Accidents Claims Tribunal, gwalior in Claim Case No. 15 of 2004.

(2.) CLAIMANTS are the widow, children and mother of the deceased Rajkumar. He died in a motor accident on 15. 12. 2003 when he was going on his scooter which was dashed by tanker No. MP 09-KB 1803. Deceased succumbed on the spot due to injuries sustained in the accident. Deceased was serving in Air Force. Compensation of Rs. 30,00,240 with interest was claimed. The age of the deceased was claimed to be 40 years. He was drawing monthly salary as per claimants at Rs. 7,876.

(3.) OWNER and the driver of the tanker filed their written statement denying their liability contending that the liability is required to be borne by the insurer as the vehicle was insured. The insurance company denied its liability on the ground that the driver of the vehicle (tanker) was not holding valid licence and the tanker was driven in contravention of the terms and conditions of the policy.