Rajeev Gupta, J. - (1.)THIS is claimants appeal for enhancement of the compensation awarded by the Additional Member Motor Accident Claims Tribunal, Dhamtari (for short "the Tribunal") vide award dated 07.04.2004, passed in Claim Case No. 01/2003.
(2.)THE claimants, unfortunate widow, minor children and parent of deceased Umesh Sahu claimed compensation of Rs.23,65,000/ - by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 31.05.2003, when the motorcycle on which he was travelling was dashed by the offending vehicle Jeep bearing registration No. C.G. 07 ZC 1107, resulting in his instantaneous death on the spot itself. The claimants further pleaded that deceased Umesh Sahu who was aged about 26 years used to earn Rs.4,500/ - per month from his Auto Center.
(3.)THE owner and driver of the offending vehicle Jeep did not contest the claim and were proceeded ex parte before the Tribunal. The Insurer of the offending vehicle Jeep contested the claim and denied its liability to pay compensation to the claimants on the plea that the Jeep was being plied in breach of the policy conditions and the driver of the Jeep was not holding a valid driving licence.
The claimants examined AW1 Indu Sahu in support of their claim, whereas the insurer of the offending vehicle Jeep did not examine any witness in rebuttal.

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