SUKHIYA BAI Vs. HARILAL
LAWS(MPH)-2003-2-86
HIGH COURT OF MADHYA PRADESH
Decided on February 20,2003

SUKHIYA BAI Appellant
VERSUS
HARILAL Respondents




JUDGEMENT

Bhawani Singh, C.J. - (1.)Through this appeal, award of the Motor Accidents Claims Tribunal, Suhagpur, in M.C.C. No. 13 of 1998 dated 27.11.1999 has been challenged.
(2.)Shortly stated, Shankarlal (45) was a village cobbler. On 13.6.1991 he was going to Gadarwara by minibus No. MKB 9211 owned by Harilal alias Heeralal and driven by Subhash (dead). The bus fell into river Nandaner, through which it was passing. This happened because it was being driven rashly and negligently. Deceased died in this accident apart from many others. His family was dependent on him, therefore, compensation of Rs. 5,00,000 is claimed.
(3.)Owner of vehicle has denied the allegation. He alleges that the claim is barred by limitation. Insurance company has also denied the allegation. Vehicle was being driven in violation of terms of insurance policy, therefore, it is not liable to pay compensation.


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