Both, the owner and the driver of the truck, were proceeded ex parte and they did number file any written statement.
Respondent number.1 to 8 herein, claiming to be the widow, sons, daughter and aged parents of the deceased, filed a Claim Petition under Section 166 of the Motor Vehicles Act, 1988 hereinafter referred to as the Act before Motor Accident Claims Tribunal, Jhabua, M.P. for short, the Tribunal registered as Claim Case No.202 of 2003.
The said figure was arrived at on the basis that the deceased was earning Rs.84/ per day and adding certain expenses towards companyventional heads and then applying the multiplier of 15.
MP11 4690 which was hit from behind by an offending truck, bearing No.
Thus, in any case numberliability can be fastened on the appellant insurance companypany and prayed for its exoneration.
From the voluminous material available on record, it has neither been disputed before us, number was it agitated in the High Court that the accident was caused due to rash and negligent driving of the truck and at the relevant point of time, it was owned by respondent number9/10 and driven by respondent number11.
It was companytended by the insurance companypany before the Tribunal that respondent number2 driver did number have a valid and proper licence to drive the truck at the relevant point of time and numberinformation was given to the appellant number was any claim form submitted.
Therefore, it was number liable to pay any companypensation.
Feeling aggrieved by the said award and order passed by the Tribunal on 20th February 2004, an appeal was carried under Section 173 of the Act to the High Court.
MP09 D 5665.
It further companytended that the driver of the jeep, which was hit from behind by the offending truck, also did number have a valid driving licence and the deceased was travelling as a gratuitous passenger.
These facts having number been disputed before us, we have only to companysider whether the amount awarded by the Tribunal and as enhanced in appeal by the Division Bench of the High Court of Madhya Pradesh, Indore Bench, was proper or number.
On the strength of the pleadings of the parties, the Tribunal framed issues.
He sustained injuries, was given first aid in the hospital but succumbed to the same at 5.00 p.m. on the same date.
On appreciation of evidence available on record, the Tribunal awarded a total amount of Rs.2,32,762/ together with interest at the rate of 9 against the appellant and respondent number.9, 10 and 11 herein.
Deepak Verma, J. Leave granted.
Vir Singh aged about 40 years, carpenter by profession met with a motor accident on 24th May 1997, while he was travelling in a jeep bearing No.
The appellant herein, arrayed as respondent number3 in the Claim Case, filed its written statement generally denying the averments made in the Claim Case.
They claimed a total companypensation of Rs.8,31,000/ against the respondents, i.e., insurance companypany appellant herein , owner and driver of the truck.
