NEW INDIA ASSURANCE CO LTD Vs. KUSUMBAI

JUDGEMENT

(1.) Appellant insurance company being aggrieved by the award passed on 31.1.2000, by the Additional Motor Accidents Claims Tribunal, Gohad in Claim Case No. 15 of 1999 has filed this appeal under section 173 of the Motor Vehicles Act, 1988.

(2.) Brief facts of the case are that on 4.3.1998 one Munnasingh alias Indraveer Singh was going from Gohad Chauraha to Sikara via Mahgaon sitting in a jeep No. MP 06-B 6279. At Birkhadi Bus Stand the said jeep was stopped. He was crossing the road to ease himself. In the meantime one Matador bearing No. MP 07-G 1735 came from the side of Bhind, which was being driven by respondent No. 2. It was alleged that the driver of Matador was driving the said vehicle rashly and negligently, hit the deceased Munnasingh while crossing the road, as a result of this accident Munnasingh died on the spot. The said Matador was owned by the respondent No. 4 and insured with respondent No. 5. Matter was reported to P.S. Gohad Chauraha, where crime was registered, matter was investigated and charge-sheet was filed. Deceased was also referred for post-mortem.

(3.) Claimants, those were the widow and two minor sons, have filed claim petition for claiming compensation. In the claim petition it was contended that the deceased was aged about 30 years. He was engaged in the business of selling milk and was earning Rs. 3,000 per month. It was also stated that after deducting the expenses he was saving Rs. 2,000 per month from the aforesaid business and claimed compensation of Rs. 10,10,000 (rupees ten lakh ten thousand). Before the Tribunal owner and driver of the vehicle, respondent Nos. 1 and 2, remained ex parte. Insurance company, respondent No. 3, denied that the age of the deceased was 30 years or he was engaged in business of selling milk. It was further objected that the driver of Matador was not holding a valid driving licence and he was driving the vehicle contrary to the terms and conditions of the insurance policy, therefore, the insurance company is not liable for payment of compensation.