ORINTAL INSURANCE CO LTD Vs. KALAWATI GUPTA

JUDGEMENT

(1.) This is an appeal by the insurance company directed against the award dated 22.12.1997 passed by the llth Additional Motor Accidents Claims Tribunal, Jabalpur in Claim Case No. 296 of 1994 whereby the claim of the claimants has been decreed by the learned Tribunal to the extent of Rs. 2,09,500 with interest at the rate of 12 per cent per annum.

(2.) Brief facts which are necessary for disposal of this appeal are that an accident took place on 2.1.94 in which the deceased Ramjilal Gupta died. It is alleged that on the fateful day, deceased Ramjilal Gupta, after completing his night duty at Milk Plant situated at Adhartal, was coming back to his house at 7.00 a.m. When he was near the A.B. Gas Company, Adhartal, a tanker bearing No. M.P. 20-C 0526 coming from back side, struck against the cyclist Ramjilal Gupta as a result of which he fell down and sustained injuries and died on the spot. The matter was immediately reported and a case was registered with the police against the tanker driver.

(3.) The dependants of the deceased filed a claim before the learned Tribunal claiming a sum of Rs. 4,32,000 as compensation, Rs. 10,000 for funeral expenses, Rs. 20,000 for mental agony and Rs. 1,000 for damage to the cycle. A total sum of Rs. 4,63,000 was claimed towards compensation. The driver and owner of the vehicle remained exparte. The claim was contested by the insurance company, denying the incident as also the liability to pay compensation. It was contended that though the tanker was insured with the insurance company but at the relevant time the driver was not having a valid driving licence. It is also alleged that the tanker was not having a fitness certificate, therefore, the insurance company is not liable to compensate the claimants.