GEETA & ORS Vs. NOORDEEN KHAN & ORS

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 30.10.2010 passed by Motor Accident Claims Tribunal, Alwar ('the Tribunal'), whereby the Tribunal has awarded a sum of Rs. 4,74,000/- as compensation alongwith interest @ 6% p.a. from the date of filing application i.e. 15.9.2009.

(2.) The facts, in brief, may be noticed thus : one Daulat Ram was driving a Jeep No.RJ-02-T-0265 when at around 9:30-10:00 a.m. one Truck No.RJ-02-G-5581 being driven by Noordeen Khan collided with the said jeep, which resulted in death of Daulat Ram. The claimants filed an application for compensation before the Tribunal seeking a sum of Rs. 1,48,03,000/- as compensation inter-alia on the basis that the deceased was aged 30 years and was involved in Tour & Travels business and in agriculture operations and used to earn Rs. 10,000/- per month.

(3.) The application was opposed by the insurer by filing reply to the said application and controverting the allegations made in the application. The Insurance Company also disputed its liability to pay the compensation on account of violation of the policy conditions by the insured. The Tribunal framed three issues, evidence was led by the claimants and no evidence was led by any of the non-claimants including the Insurance Company.