LALITABAI AND OTHERS Vs. AMIN KHAN AND OTHERS

JUDGEMENT

(1.) This judgment shall govern disposal of Misc. Appeals Nos. 426/99, 204/99 and 205/99 as they arise out of the common award passed on 1st Dec., 1998 by 14th M.A.C.T., Indore in Claim Case Nos. 204/92 Mulayam Singh Vs. Amin Khan and others Shyamdularibai Vs. Amin Khan & others 199/92. and Lalitabai and others Vs. Amin Khan and others, 200/92

(2.) Facts of the case, in brief, are that on 4th Oct., 1992 deceased Hari Prasad was coming from Rajendra Nagar to Indore, driving Truck No. MBN 941. Respondent No. 2 Om Prakash came from opposite direction driving Truck No. MKF 7680, owned by Respondent No. 1 and insured with Respondent No. 3. There was collision between those two vehicles as a result of which Hari Prasad, driver of Truck No. MBN 941 and Keshavrao, cleaner of this truck died on spot and Mulayam Singh suffered serious injuries and permanent disability. The case of the claimant was that this accident occurred due to rash and negligent driving of Truck No. MKF 7680 by Om Prakash.

(3.) Mulayam Singh filed C.C. No. 204/92 and claimed compensation of Rs. 2.00.000.00 stating that he had suffered fracture of right leg and permanent disability thereof. LRs. of deceased Hari Prasad filed Claim Case No. 200/92 claiming compensation of Rs. 5,00,000.00 LRs. of deceased Keshavrao filed Claim Case No. 199/92 praying for award of Rs. 4,00,000.00 as compensation. The respondent No. 1 Owner and Respondent No. 2 Driver remained absent and proceeded ex parte. Respondent No. 3 Insurance Company resisted the claim averring that Respondent No. 2 Om Prakash was not holding valid driving licence at the time of accident and, therefore, it was not liable to pay compensation. It also averred that the accident occurred due to rash and negligent driving of the Truck No. MBN No. 941 by driver Hari Prasad. The learned Tribunal after appreciation of evidence held that the accident occurred due to rash and negligent driving of the Truck No. MKF 7680 by respondent Om Prakash and awarded compensation of Rs. 1,46,000.00 in Claim Case No. 199/92 to LRs. of deceased Keshavrao and Rs. 1,36,000.00 to LRs. of deceased Hari Prasad in Claim Case No. 200/92 and Rs. 6,000.00 to Mulayam Singh in Claim Case No. 204/92. The Tribunal further held that N.A. |Respondent No. 2 Om Prakash had no valid driving licence and exonerated the Insurance Company from paying compensation to the claimant and directed Respondents Nos. 1 and 2 to pay the compensation with interest at the rate of 12% per annum. The claimants have filed these appeals. They are challenging the exoneration of the Insurance Company and also praying for enhancement of compensation amount.