RAMZAN ANSARI Vs. KAVITA SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 30.5.2007 passed by the Motor Accidents Claims Tribunal, Giridih in Motor Vehicle Claim Case No. 44 of 2000 whereby he has awarded a sum of Rs. 1,32,500 by way of compensation for the death of the deceased. The claimants- appellants have filed this appeal for the enhancement of compensation.

(2.) THE facts of the case lie in a narrow compass: THE deceased was driving a Rajdoot motor cycle bearing No. BR 17-E 1819 and was going to Parastand at his sister's house. When the motor cycle reached in front of the shop of Bharat Mistry a truck bearing No. WB 25-A 1243 dashed against the said motor cycle causing death of the deceased.

(3.) MR. Arvind Kumar Lal, learned counsel appearing for the appellants submitted that the defence taken by the insurance company that the deceased was not holding a licence to drive the motor cycle is not available to it. This defence can be taken only by the owner or insurer of the motor cycle.