BABU LAL Vs. STATE OF RAJASTHAN AND OTHER

JUDGEMENT

(1.) Appellants, driver and owner, have preferred this appeal under section 173 of the Motor Vehicles Act, 1988 (for short, 'Act') challenging the findings on particular Issue No.3, recorded in judgment and award dated 08.08.2005, passed by Motor Accident Claims Tribunal, Pratapgarh (for short, 'learned Tribunal'). The learned Tribunal, while quantifying and awarding compensation to the respondent-claimants, has exonerated the insurer from its liability.

(2.) The facts, apposite for the purpose of this appeal are that on 24.07.2004, Babulal and Satpal, Driver and Khalasi of Tempo-Trax No. RJ-35-G-0063 were in the vehicle heading towards Pratapgarh from Khootgarh. The vehicle was being driven rashly and negligently by Driver Babulal, which led to opening of the side gate of Tempo and Khalasi Satpal fell out of the vehicle. He suffered grave and serious injuries and was admitted in Govt. Hospital Pratapgarth for treatment. During treatment, Khalasi Satpal succumbed to the injuries. As per version of the respondent-claimants, Satpal was 35 years old at the time of accident and was earning Rs. 4,000/- per month. In the claim petition, respondent quantified total amount of compensation to the tune of Rs. 16,00,000/- under different heads. The claim petition was contested by driver and owner of the vehicle taking stand that the accident occurred as Satpal was sitting near the gate of Tempo and he fell out of Tempo on account of opening of the gate suddenly. The claim petition was contested by the Insurer and it was pleaded on its behalf that the insured had violated the terms and conditions of the insurance policy.

(3.) Learned Tribunal, on the basis of pleadings, settled three issues for determination. For substantiating their claim, on behalf of respondent-claimants three witnesses appeared in the witness box, besides tendering seven documents. The non-claimants examined three witness and also tendered three documents. Learned Tribunal decided Issue No.1 relating to rash and negligent driving of the insured vehicle in favour of claimants. While adverting to Issue No.3, learned Tribunal has partly allowed the same in favour of insurer. Learned Tribunal has found that at the time of accident, the driver was not in possession of a valid driving licence to ply heavy goods vehicles, as such directed the insurance Company first pay compensation amount to the claimants and then recover the same from owner and driver of the offending vehicle. While switching on to Issue No.2, the learned Tribunal worked out compensation for loss of dependency to the tune of Rs. 2,97,840/-. In totality, learned Tribunal assessed total amount of compensation to the tune of Rs. 3,07,340/-.