SMT. NANDNI BAI AND OTHERS Vs. FIRTU RAM ALIAS PRITAM AND ANOTHER

JUDGEMENT

(1.) This is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Dhamatari, District Rajpur (for short 'the Tribunal') vide award dated 4th July, 2002, passed in Claim Case No. 391/2002. The claimants, unfortunate widow, minor children and father of deceased Vishnu Ram Dhruv, claimed compensation of Rs. 15,20,000.00 for his death in the motor accident on 12th April, 2001, when the Matador bearing registration No. MP/24-9023 in which he was travelling with his vegetables was dashed by the offending vehicle Dumper, bearing registration No. MP/24-C/3271, resulting in his instantaneous death on the spot itself. The claimants further pleaded that deceased Vishnu Ram Dhruv used to earn Rs. 5,000.00 p.m. by selling vegetables.

(2.) The owner and driver of the offending vehicle Dumper did not contest the claim and were proceeded ex parte before the Tribunal. The insurer of the Dumper contested the claim and denied its liability to pay compensation to the claimants on the plea that the Dumper was being plied in breach of the policy conditions and the driver of the Dumper was not holding valid driving licence.

(3.) The claimants examined A.W. 1 Nandni Bai, A.W. 2 Ramesh Kumar and A.W. 3 Vijay Singh Thakur in support of their claim, whereas the insurer of the Dumper do not examined any witness in rebuttal.