UNITED INDIA INSURANCE CO LTD Vs. BABULAL

JUDGEMENT

(1.) Though listed for the final orders on stay application, at the request of learned counsel for the parties and in view of short question involved, the matter has been heard finally.

(2.) This is insurer's appeal against the award dated 18.10.2004 made by Motor Accidents Claims Tribunal, Nimbahera in Claim Case No. 106 of 1993 particularly questioning the quantum of compensation awarded by the Tribunal.

(3.) Brief facts relevant for determination of the questions involved in this case are that Rami, aged 23 years, wife of Babulal, claimant-respondent No. 1, was hit and crushed by the offending truck bearing registration No. RJC 1655 on 8.12.1988 at 3.30 p.m. near Hoda Circle, District Chit- torgarh. Claimant, husband of deceased, made application seeking compensation on account of accidental death of his wife. The proceedings against driver of the truck were dropped on his death; the owner of the vehicle remained ex pane and insurer contested the matter. Claimant examined himself as AW 1 and another witness Hari Shanker as AW 2 and produced relevant documentary evidence. No evidence was led on behalf of the non-applicant. After consideration of the evidence on record, the learned Judge of the Tribunal found on issue No. 1 the said accident having occurred for rash and negligent driving of the truck No. RJC 1655 and the deceased having been crushed under the truck. The ground taken by the insurance company regarding want of valid driving licence of the driver was not countenanced for want of evidence.