SAMINA Vs. BHANWAR LAL

JUDGEMENT

(1.) These appeals are filed by claimants, driver and owner of the vehicle aggrieved against judgment and award dated 07.08.2000 passed by Motor Accident Claims Tribunal (First), Jodhpur ('the Tribunal'), whereby, the Tribunal has awarded a sum of Rs. 2,87,200/- as compensation to the claimants and has exonerated the Insurance Company. While the claimants are aggrieved against quantum of compensation and exoneration of the Insurance Company, the driver and owner are aggrieved against the exoneration of the Insurance Company.

(2.) The application for compensation was filed by the claimants wife and children of deceased Munshi. It was claimed that said Munshi was travelling in a three wheeler on 01.08.1994, when at about 08:15 PM the same was struck by one City Bus RJ19-P-1777 being driven by Bhanwar Lal and owned by Om Prakash. Munshi suffered injuries and succumbed to the said injuries. It was claimed that deceased was aged 26 years and by doing business of handicrafts he used to earn Rs. 5,000/- per month. Based on the said averments compensation to the tune of Rs. 35,11,700/- was claimed.

(3.) The Insurance Company filed its reply and disputed the averments made in the application and its liability. It was, inter alia, claimed that driver was not in possession of a valid driving licence.