Bhawani Singh, C.J. - (1.)This appeal is directed against the award of the Motor Accidents Claims Tribunal, Bilaspur dated 2.12.1998. Claimants are widow and children of deceased Ramprasad Urav (40). He died in the accident on 1.10.1995 when tipper, MP 26-D 2116 met with an accident. It is further stated that the vehicle was driven rashly and negligently. Case under sections 279, 337, 304-A of the Indian Penal Code was registered.
(2.)Deceased used to earn Rs. 40 per day and was 40 years old. Compensation of Rs. 7,40,000 has been claimed with interest at the rate of 10 per cent per annum. Two claim petitions were filed: one by the parents and the other by the widow and children.
(3.)Respondents have denied that the deceased was going for labour in the tipper. The owner of the vehicle committed breach of insurance policy since it could only be used for transport of goods and its use for carriage of passengers was in contravention of the policy, therefore, the insurer was not liable for damages. It is also stated that the driver did not possess valid driving licence and the claim is exaggerated.