PREMKUMARI Vs. PRAHLAD DEV

JUDGEMENT

(1.) LEAVE granted.

(2.) WHETHER the Tribunal was right in holding that the insurer was not liable as the driver had a fake licence is the question to be decided in this appeal.

(3.) ACCORDING to the appellant claimants at the time of accident, the deceased was aged about 36 years and working as a carpenter and he was getting an income of Rs.125/ - to 150/ - per day. The claimants filed Claim Case No.154 of 1997 before the Motor Accidents Claims Tribunal, Indore claiming a total compensation of Rs.7 lacs under sections 166A and 140 of the Motor Vehicles Act, 1988. Respondent 3 filed a written statement denying the claim and also pleaded that the driver of the offending vehicle did not have a valid and effective driving licence on the date of the accident. The Tribunal based on the materials placed and the evidence on record found that death was caused due to rash and negligent driving of respondent 2. On 8.2.2000, the Tribunal awarded a compensation of Rs.2,56,000/ - to the appellants along with interest @ 9% p.a. from the date of filing of the claim application. Respondent 3 Insurance Company was exonerated from its liability to pay compensation on the ground that the driver of the offending vehicle did not have a valid and effective driving licence on the date of accident.