KALIABAI Vs. CHHUNNU @ BUDHRAM

JUDGEMENT

(1.) The appellants/claimants have come forward with this appeal under Section 173 of Motor Vehicle Act, 1988 (For short "the Act"), for enhancement of the awarded sum and saddling the liability to indemnify the claim against respondent No.3/insurer being aggrieved by the award dated 31.10.2006 passed by Motor Accident Claims Tribunal, Mandla in Claim Case No.45/05 whereby exonerating the respondent No.3/insurer, their claim regarding vehicular death of Mahesh Gond has been awarded against respondent No.1 and 2 for the sum of Rs.1,32,000/-along with the interest @ 6% p. a. from the date of filing the claim petition.

(2.) The facts giving rise to this appeal in short are that the appellants/claimants filed their claim contending that on 10.6.2005 at about 12.00 O'clock in the noon Mahesh Gond aged about 40 years, the husband of appellant No.1 while the father of appellant No.2 to 4 was travelling as labourer by boarding the trolley of the tractor bearing registration No.M.P.51-M-765, the same was driven in rash and negligent manner by respondent No.1, resultantly, on the way it was turned turtle, in which said Mahesh sustained the injuries and succumbed to them. On receiving the information at P. S. Maharajpur the offence under Section 279/337 of IPC was registered against the respondent No.1, on holding the investigation he was charge-sheeted for such offence. The aforesaid offending tractor was registered in the name of respondent No.2 while the same was insured with respondent No.3 covering the risk of third party, driver along with one employee. As per further averments the deceased being labourer was earning Rs.2,400/-per month. Due to his untimely death the appellants have lost their dependency and also suffered the mental agony of such accident. In such premises, they preferred their claim for the sum of Rs.11,55,000/-along with the interest @ 12% p. a.

(3.) The Claims Tribunal proceeded ex-parte against the Respondent No.1 and 2 while in reply of respondent No.3/insurer by admitting the insurance of the alleged tractor with it, the averments of the claim petition regarding alleged accident and the death of Mahesh in it are denied. In addition, it is stated that such tractor was plied by respondent No.1 without having effective driving licence and for carrying the passengers contrary to the terms and conditions of the policy. Hence, it is not liable to indemnify the claim of the appellants and prayed for exonerating it.