RAJESH Vs. KUSHAM BAI

JUDGEMENT

(1.) This Misc. Appeal under Section 173 of Motor Vehicles Act, 1988 has been filed against the award dated 6-5-2015 passed by Additional Motor Accident Claims Tribunal, Pichhore, Distt. Shivpuri in Claim Case No.6/14 by which the Insurance Company has been exonerated.

(2.) The necessary facts for the disposal of the present appeal in short are that on 27-11-2011, at about 6:30 P.M., the deceased Horil was going on a motorcycle and one Kalyan Lodhi was the pillion rider, whereas another motorcycle was being driven by Ramkumar Lodhi with pillion rider Khuman. When the motorcycle, which was being driven by the deceased Horil, reached near the place of accident, the driver of the offending bus bearing registration No. MP33-P-0145, by driving the vehicle in a rash and negligent manner, dashed the deceased as a result of which the deceased Horil expired.

(3.) The claims Tribunal by impugned award dated 6-2-2015 has awarded Rs.5,12,000/- with 7% interest per annum. However, it has been held that since, the offending bus was being driven without any valid permit, therefore, the Insurance Company is not liable to pay compensation, because of violation of insurance policy.