UDAY SINGH @ UDRIYA Vs. LUM SINGH

JUDGEMENT

(1.) This is an appeal filed by the claimants under Section 173 of the Motor Vehicles Act against an award dated 13/05/2009 passed by 2nd Additional Motor Accident Claims Tribunal, Alirajpur in claim Case No.123/2009. By the impugned award, the Claims tribunal has awarded a total sum of Rs.1,54,000/- with interest to the claimants for the death of one Revla who died in vehicle accident and Respondent No.2/Insurance Company was exonerated.

(2.) Short facts of the case are that the appellants filed a claim petition before the learned tribunal alleging that on 23/06/2007 Revla, aged 14 years was going on a motor bike bearing registration No. MP-46-M-8865 which was being owned and driven by respondent.No.1 and deceased Revla was pillion rider and carrying metal stone in a gunny beg. It was alleged that because of rash and negligent driving of respondent No.1 deceased Revla fell down and passed away. It was alleged that claim petition be allowed and Compensation be awarded.

(3.) Respondent No.1 filed written statement wherein the allegations made in claim petition were denied. However, it was alleged that in case the claim petition is allowed then the respondent No.2 is liable for payment of compensation. Claim petition was also contested by respondent No. 2 on various ground including on the ground that respondent No. 1 was not possessing driving licence at the relevant time and goods was being carried on motor bike which was strictly prohibited and the risk of pillion rider was not covered under the policy. It was prayed that the claim petition filed by the appellants be dismissed.