ORIENTAL INSURANCE CO LTD Vs. KUSUM

JUDGEMENT

(1.) Facts of the case in short are as under :- The respondents No.1 and 2 being the claimants, filed a claim case under Section 166 before the MACT, Indore, claiming compensation of Rs.25,00,000/- on account of death of Devendra.

(2.) Devendra (the deceased) on 04.07.2012, was going from his motorcycle bearing registration M.P.09 / NN 4628, from Newsek Tirah towards Pithampur, when a truck bearing registration No.RJ 09/GB 4317, dashed him and because of which he died on the spot. He was referred to the Bhoj hospital for postmortem, FIR was registered under crime no.171/12, under Sections 304A and 279, IPC. At the time of death Devendra, was aged about 25 years and skilled labour of diamond cutting and was also owner of a floor mill. He was earning Rs.15,000/- per month. He was the sole earner of the family and the claimants were dependent on his earning.

(3.) The owner and driver were remained ex-parte. Only insurance company contest the claim on the ground that at the time of accident, the truck owner was not having the permit and the driver was not having the valid licence. The Insurance Co. of the motorcycle is a necessary party.