SMT. SAJNI DEVI Vs. CHHITARMAL

JUDGEMENT

(1.) The instant appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation has been filed by the claimants of deceased - Kailash Kumawat against the award dated31.03.2004 passed by the Motor Accident Claims Tribunal, Bhilwara (afterwards referred as 'Tribunal') in MAC Case No. 102/2001, whereby, learned Tribunal has awarded a sum of Rs.5,70,000/- as compensation with interest at the rate of 6% per annum from the date of filing claim petition.

(2.) Brief facts of the case are that a claim petition under Section 166 of the Act of 1988 was filed by wife, sons and mother of the deceased Kailash Kumawat, aged 28 years, who died in a road accident on 12.10.2000 with the averments that the deceased while travelling to village Biliya from Bhilwara city in Tempo bearing registration No.RJ-06-P1266, another Tempo bearing registration No.RJ-06-P940, being driven rashly and negligently by its driver, came from opposite side and collided with the Tempo, in which deceased was travelling; resultantly deceased sustained injury and during the treatment died on the same day. With the other relevant averments, a sum of Rs. 23,40,000/- as compensation money was claimed from driver, owner and Insurance Companies of both the vehicles.

(3.) As per the reply filed by Insurance Company, driver of the insured Tempo was not having a valid driving license, hence, the Insurance Company is not liable.