KUSUMLATA Vs. LALARAM

JUDGEMENT

(1.) THIS appeal is directed against the award of Motor Accident Claims Tribunal, Tikamgarh, in Claim Case No. 50 of 1998, dated 28. 8. 2000.

(2.) KUSUMLATA is the owner of bus No. UP 93-C 0570. This vehicle collided with a tractor resulting in injuries to Mohandas (20) son of Lalaram and Ladkunwar. It was insured with United India Insurance Co. Ltd. , Civil Lines, Jhansi. The accident took place on 18. 6. 1998 at about 9. 30 p. m. After sustaining injuries in this accident, Mohandas was shifted to hospital where he died 15-20 days later. Allegation is that the accident took place due to rash and negligent driving of the vehicle by the driver Karansingh. The respondents stated that without impleading the owner and driver of the tractor, application was not maintainable, since it was also responsible for the accident. Insurance company stated that the driver did not possess licence for driving passenger vehicle, therefore, it was not liable to pay the compensation.

(3.) CLAIMS Tribunal framed three issues in the case, permitted the parties to lead evidence and proceeded to hold that the accident took place as alleged. In this accident, Mohandas suffered injuries and died. With regard to the allegation of appellant that driver and owner of the tractor are not parties to the case, conclusion on evidence is that it was not necessary to do so since it was the bus which struck against the stationary tractor. Ultimately, compensation of Rs. 1,92,000 carrying interest at the rate of 12 per cent per annum was awarded, apart from Rs. 250 for counsel's fee.