BABU Vs. KACHARU

JUDGEMENT

(1.) This appeal is directed by the claimant against the award dated 26.11.1991 passed by IInd Motor Accidents Claims Tribunal, Ratlam, in Claim Case No. 42 of 1987.

(2.) The claimant's case was that his wife deceased Sugnabai, aged about 18 years, was engaged on 18.8.1987 as labourer on tractor-trolley bearing registration No. 8875 owned by respondent No. 2 and insured with respondent No. 3. Near village Ravti, she fell down from the trolley as a result of rash and negligent driving by respondent No. 1 and died instantaneously. The claimant filed claim case seeking compensation of Rs. 1,66,200. The respondents resisted the claim on the ground that the tractor-trolley was not driven rashly and negligently. It was averred by respondent No. 3 that respondent No. 1 driver had no valid licence, therefore, it was not liable to pay compensation. The Tribunal awarded compensation of Rs. 15,000. It exonerated respondent No. 3 insurance company from the liability of making payment of compensation holding that the respondent No. 1 driver had no valid licence. The claimant has preferred this appeal for enhancement of compensation amount and also against exoneration of the insurance company.

(3.) Mr. Sharma, learned counsel for the appellant submitted that the amount of Rs. 15,000 was hopelessly inadequate. In view of the provisions of payment of Rs. 50,000 under no fault liability in the Motor Vehicles Act, 1988, the appellant was entitled to compensation of more than Rs. 1,00,000. He contended that the Tribunal committed error in exonerating the insurance company, as insurance company failed to prove that the respondent No. 1 had no valid licence. On the other hand, Mr. Jain, learned counsel for respondent Nos. 1 and 2, submitted that the respondent No. 1 had valid licence. Mr. Bhargava, learned counsel for the respondent No. 3, insurance company, supported the finding of the Tribunal that respondent No. 1 had no valid licence and the insurance company has been rightly exonerated.