SHAM KUNWAR Vs. KAMAL SINGH

JUDGEMENT

(1.) The claimants have filed this appeal against the award dated 25.3.98 passed by II Member, Motor Accidents Claims Tribunal, Mandsaur in Claim Case No. 199 of 1997 whereby they were awarded compensation of Rs. 1,81,000.

(2.) The claimants' case is that on 16.12.95 the deceased Tanwarsingh, husband of the appellant No. 1 and father of appellant Nos. 2 to 4, was going on his motor cycle on Mhow-Neemuch Road. Near starch factory, the respondent No. 1 came from opposite direction driving his tractor No. MP-14-B-9439 with trolley No. MP-14-G- 3878 insured with respondent No. 2, in rash and negligent manner and dashed against the motor cycle, as a result of which Tanwarsingh died on the spot. The appellants claimed compensation of Rs. 15,75,000. The respondents resisted the claim. Respondent No. 2, insurance company, inter alia, pleaded that the respondent No. 1 had no valid driving licence for driving the tractor and as such the owner committed breach of the terms and conditions of the policy, therefore, it was not liable to pay compensation. The Tribunal after appreciation of evidence held that the accident occurred due to rash and negligent driving of the offending vehicle by respondent No. 1 and awarded compensation of Rs. 1,81,000. However, it exonerated the insurance company from payment of compensation on the ground that respondent No. 1 had no valid driving licence and as such he committed breach of the terms and conditions of the policy. The appellants are challenging this finding and also praying for enhancement of the compensation amount. Respondent No. 1 has also filed cross-objection.

(3.) Mr. Samwatsar, learned counsel for the appellants, submitted that the Tribunal committed error in drawing adverse inference, that the driver had no valid licence on the ground that he did not produce the same in spite of the direction of the Tribunal and exonerating the insurance company from paying compensation.