NATWAR LAL Vs. GOTAM

JUDGEMENT

(1.) THIS appeal has been preferred to challenge the judgment of the Motor Accidents Claims Tribunal, Banswara dt. 17.02.1993.

(2.) THE claimants non -appellants preferred claim petition, stating that on 07.11.1986, at about 5.00 p.m., Kanji and Dharia were going on bicycle to village Miya -ka -Parla. On the way at Ghatol Anandpuri road, a Bus bearing No. RJB 2772 hit bicycle, due to which Kanji and Dharia fell down and sustained injuries. The accident took place due to rash and negligent driving of bus driver. Dharia died in the hospital, whereas Kanji sustained fracture. Due to death of Dharia, claimants claimed a sum of Rs. 2,00,000/ -, out of which a sum of Rs. 1,80,000/ - was claimed towards compensation and Rs. 10,000/ - were claimed towards mental agony to the parents of Dharia and Rs. 10,000/ - for wife.

(3.) TO justify the argument of the claimants, my attention was drawn to the Insurance Policy (Ex.A - 10), wherein under the head of Section II, following provisions were mentioned pertaining to liability of third party: