NEGAR SULTANA Vs. BRANCH MANAGER

JUDGEMENT

(1.) This appeal has been filed by the claimant under Sec. 173 of the Motor Vehicles Act, 1988, challenging the award dtd. 17/3/2015 passed by the Presiding Officer, Motor Vehicle Accident Claim Tribunal, Hazaribagh in Claim Case No.09 of 2012. The appellant prays for enhancement.

(2.) Claimants claimed compensation on account of death of Md. Ismail. It is the case of the claimants that the deceased was a driver of Maruti Van bearing registration No. JH 01K 2591 and was earning Rs.4,000.00 per month from the owner of the Maruti Omni Van, but due to accident he died at the spot. It is claimed that the deceased was aged about 37 years. The deceased has left behind his wife, three daughters and a son.

(3.) The Insurance Company and the owner with respect to the other vehicle involved in the accident, bearing registration No. HR 38K 3809, had appeared before the Tribunal and contested the case. It is their case that the claim case is not maintainable. It is their case that claimant has not made the owner of Maruti Van and its insurer as opposite party. The driver of the Maruti van was not a competent and experienced driver. He lost his life and others at his own fault as he was driving the van very rashly and negligently while he dashed with the other vehicle. The Insurance Company has pleaded that the driver, namely, Dinesh Singh, of offending vehicle bearing registration No. HR 38K 3809 had got no valid driving licence. The driving licence bearing No. 918/90/Prof/HAZ has been issued in the name of Md. Rahim S/o Md. Ibrahim of Chaibasa. The Insurance Company also pleaded that the Maruti van bearing registration No. JH 01K 2591 was carrying more passengers than its seating capacity. Thus, it is the case of the Insurance Company that Insurance Company is not liable to pay compensation amount. The owner of the offending vehicle bearing registration No. HR 38K 3809 has pleaded that his vehicle is insured with the Insurance Company.