SHANKERLAL Vs. CHAINA RAM

JUDGEMENT

(1.) This appeal and cross-objections are directed against the judgment and award dated 07.09.2002 passed by the Motor Accident Claims Tribunal, Nagaur ('the Tribunal'), whereby the Tribunal has awarded a lump sum compensation of Rs. 75,000/- alongwith interest @ 9% per annum from the date of application i.e. 19.04.2000 and the Insurance Company has been exonerated.

(2.) The application for compensation was filed by the claimants, inter alia, with the allegations that their wife/mother Smt. Sanu Devi, had gone to the forest for collecting fodder/fuel and when at about 11.30 AM, she was returning back to the Village, Tractor, which was being rashly and negligently by its driver Chena Ram struck said Smt. Sanu Devi, which resulted in grievous injuries to her, to which, she succumbed. Compensation to the tune of Rs. 5,92,000/- was claimed.

(3.) Reply was filed by respondents No. 1 to 3 denying that any accident occurred from the Tractor and that the driver of the Tractor was Chena Ram. It was claimed that the vehicle was being driven by Mangla Ram and that the accident occurred on account of negligence of the deceased. The Insurance Company also filed its reply and disputed its liability. It was, inter alia, contended that the transfer of vehicle was not informed to the Insurance Company, the driver was not in possession of valid driving licence and, therefore, the Insurance Company is not liable.