VIMLA Vs. KALU @ KANTILAL

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 31.05.2003 passed by Motor Accident Claims Tribunal, Dungarpur ('the Tribunal'), whereby, for the death of one Laxamanlal, the Tribunal has awarded a sum of Rs.6,16,000/- as compensation alongwith interest @ 6% per annum from the date of filing application for compensation ('the application') i.e. 10.06.1998. However, the Insurance Company has been exonerated from the liability to pay the compensation. The facts in brief may be noticed thus: on 23.09.1997, the deceased Laxamanlal was riding on a Motor Cycle alongwith Kiran Kumar and Manjula, when it collided with a Jeep bearing Registration No.RJ-12-C-769 being driven by one Kalu @ Kantilal, which resulted in grievous injuries to the said Laxamanlal to which he succumbed.

(2.) In the application, it was claimed that the deceased was aged 39 years and was serving as a Patwari and his monthly salary was Rs.4,790/-, a compensation to the tune of Rs.21,90,120/- was claimed. The application was opposed by the respondents, whereby, the driver claimed that the deceased was driving the Motor Cycle rashly and negligently. The Insurance Company sought exoneration on account of violation of Policy conditions. On behalf of the claimants four witnesses were examined and on behalf of the driver, he himself was examined and on behalf of the Insurance Company one Prakash Pandya was examined.

(3.) After hearing of the parties, the Tribunal came to the conclusion that the accident was caused on account of rash and negligent driving by the driver of the Jeep Kalu @ Kantilal.