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2000 Supreme(MP) 1066

SHAMBHOO SINGH, R.VYAS
Vijay Sharma And Ors. – Appellant
Versus
Nanak Ikon Stores – Respondent


JUDGMENT

Shambhoo Singh, J.

1. This appeal is directed by the claimants against the award dated 1.7.1998 passed by VIIth M.A.C.T., Indore in Claim Case No. 141/86.

2. The claimants' case, in brief, was that on 9.2.1996 deceased Prema Sharma, the wife of appellant No. 1 and mother of appellant Nos. 2 and 3, was travelling in Maruti Car No. M.P. 09-N/0770, belonging to respondent No. 1 and insured with respondent No. 2. They were coming from Onkareshwar to Indore. Near Indore, the driver Sachchanand drove this car in rash and negligent manner and dashed against a truck, as a result of which Prema Sharma and other occupants of the car sustained injuries. Prema Sharma died on the spot. The deceased was helping in the business of Computer and Typing carried on by appellant No. 1 and she was earning Rs 3,000/- per month. The appellants filed claim case seeking compensation of Rs. 6,60,000/-. The respondents resisted the claim. Respondent No. 2, Insurance Company inter alia averred that the driver of Maruti Car had no valid driving licence. Thus, the owner of the car committed breach of the terms and conditions of the insurance policy. Hence, it was not liable to pay compensation. On appreci



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