BABULAL Vs. CHHEETAR

JUDGEMENT

(1.) THIS appeal has been preferred on behalf of appellants-dependents of deceased heerawati for enhancement of compensation as well as for fixing the liability of the insurance Company for the award passed by learned Motor Accident Claims Tribunal, jaipur district, Jaipur vide judgment dated 4. 4. 2000 whereby a total sum of rs. 1,75,600/- was awarded by way of compensation on account of death of deceased caused in the accident.

(2.) THE learned counsel for the appellant submits that the learned Tribunal has exonerated the respondent-Insurance Company of the offending vehicle on the ground that the driver of offending vehicle-respondent no. 1 was not having valid and effective driving license on the date of accident. It is also submitted that the Tribunal has failed to take note of the fact that the license of driver was on record but it could not be submitted and in place of driver, license of one Ramswaroop was exhibited and, as such, the Tribunal has failed to appreciate the evidence in right perspective. It is also submitted that the amount of compensation awarded is inadequate and that deserves to be enhanced.

(3.) PER contra, learned counsel for the respondent-driver and owner of the vehicle submitted that as the license of driver of offending vehicle is stated to be on record, he may be accorded opportunity to contest the claim on the ground that the Insurance company was also liable. Learned counsel for respondent-Insurance Company has submitted that in case factual position changes, he should be accorded opportunity to lead evidence and to participate in the enquiry afresh on the point so that the fact of driving license can be examined. Learned counsel for the appellants further submitted that matter may be remanded in view of submissions of learned counsel for the respondents.