CHANDER SINGH Vs. MOHAN SINGH @ MONI

JUDGEMENT

(1.) The instant Civil Misc. Appeal has been filed by the claimants/appellants under Sec. 173 of the Motor Vehicles Act, 1988 for enhancement of compensation awarded by the learned Motor Accidents Claims Tribunal, Sojat, District Pali (for short 'the Tribunal') vide impugned judgment and award dated 04.04.2009 passed in Civil Misc. (MACT) case No.36/2008 whereby compensation in the sum of Rs. 2,86,000.00 has been awarded in favour of the claimants/appellants.

(2.) Briefly stated facts of the case are that on 23.05.2008 at about 3:30 PM at National Highway No.14 near Chandawal, a Truck No. RJ 05/GA 0343 being driven by respondent No.1 Mohan Singh @ Moni in a high speed rashly and negligently, hit the Indica Car No. GJ 15/K 4630, as a result of which Smt. Shanti Devi, seated in the said car, sustained grievous injuries and due to the injuries, she died. In the claim petition it was averred that deceased Shanti Devi was 44 years old at the time of accident and was earning Rs. 4,000.00 by giving tuition and stitching work. The accident was occurred due to the negligence of the Truck Driver.

(3.) Respondent No.3-Insurance Company filed its reply denying the contents of the claim petition and submitted that the accident was occurred due to the negligence of the driver of Indica car. At the time of accident, truck driver did not have the valid driving licence, therefore, there is violation of policy conditions. Thus the respondent No.3 Insurance Company is not at all liable to make payment of compensation and prayed for dismissal of the claim petition.