SUMITRA BAI Vs. PROGRESSIVE TRADERS

JUDGEMENT

(1.) THIS appeal has been preferred by the claimants for enhancement of compensation, they are aggrieved by an award dated 30-10-1995 passed by XIth add1. Motor Accidents Claims Tribunal, Jabalpur in M. V. C. Case No. 460/94.

(2.) IT is not in dispute that in an accident dated 19-7-88 when the deceased was going to his house, he was dashed by car No. M. K. J. 955 driven by om Prakash, deceased was on bi-cycle. Car was owned by M/s. Progressive traders and insured with Oriental Insurance Co. Ltd. He fell down and sustained head injuries. He was taken to hospital where he succumbed to the injuries during the course of treatment. Deceased was an employee in the capacity of Fitter in Vehicle Factory, Jabalpur. He was drawing emoluments of approximately Rs. 1,800/- per month as per claimants, he was hale and hearty. He would have lived up to the age of 70 years. Compensation of Rs. 4,50,000/- was claimed.

(3.) OWNER and driver did not file any written statement. The insurer in written statement contended that car was driven cautiously by its driver. Deceased himself was negligent. Car was driven by Rajesh Kumar Rajpoot who was not having valid and effective driving license to drive the vehicle. There was violation of conditions of policy of insurance, as such the insurer was not liable to make the payment of compensation.