MANJU DEVI Vs. BABULAL GUPTA

JUDGEMENT

(1.) THIS appeal by the claimants-appellants is for enhancement of compensation awarded by Motor accidents Claims Tribunal, Hazaribagh in motor Accident Claim Case No. 109 of 2003. Tribunal awarded Rs. 1,79,500 as compensation for death of the deceased, sanjay Singh, who died in motor vehicle accident on 28. 9. 2002 near Gurudwara road, Giddi.

(2.) THE vehicle involved in the accident was a dumper bearing registration No. JH 02-B 1258. The claimant's case was that deceased was employed under Raju Gupta, transport contractor as working supervisor and his monthly earnings were Rs. 4,500. The deceased was aged 25 years and died leaving behind widow and three minor children.

(3.) THE owner and driver of the offending vehicle appeared and filed written statement stating inter alia that the vehicle was insured with the respondent insurance company. It was stated that the driver of the offending vehicle was holding a valid driving licence. The respondent insurance company, on the other hand, defended the action on the ground inter alia that the driver of the offending vehicle was not holding proper and effective driving licence to drive any type of vehicle. It was further alleged that the driving licence of the driver produced before the court was a forged and fabricated document.