UMRAONATH Vs. MOHAN SINGH BHURIYA

JUDGEMENT

(1.) The appellants have filed the present appeal against the award dated 22.09.2008 passed by the Member, Motor Accident Claims Tribunal, Sehore in MCC No. 107/2007.

(2.) Brief facts of the case are that on 11.09.2007, deceased Jagdish was going on the motor cycle with Rahul Kumar and another Rahul Kumar Verma and when they reached on the bypass road at the Lasudia Joad, then the non applicant no. 1 Mohan Singh came there to drive his Vehicle No. MP 09-HF-4827 and dashed to the motorcycle on which the deceased was sitting. The deceased Jagdish sustained injuries and he died due to the said injuries. After his death the applicants have filed an application for compensation before the tribunal.

(3.) Non applicant No. 1 and 2 they were ex-parte before the tribunal. Respondent No. 3, Oriental Insurance Company has filed reply to the said application stating that at the time of accident the driver of the vehicle was not having valid and effective driving license and the insured vehicle was being used against the condition of the Insurance Policy. Respondent No. 3 has further stated that the owner, driver and insurance company of the motorcycle did not impleaded as party and this is a case of composite negligence. Therefore, the insurance company is not responsible to pay any compensation to the appellants. The tribunal after framing the issues and recording the evidence has awarded compensation of Rs. 2,00,000.00 to the appellants along with interest @ 6% per annum. Being aggrieved by that award, the appellants have filed the present appeal.