This appeal is directed against the award of III Additional Motor Accident Claims Tribunal, Bhopal dated February 22, 1995 passed in Motor Accident Claims Case No. 51 of 1993.

Santosh Kumar Pandey was employed with National Fertilisers Limited as Junior Stenographer, On 4.9.1992, he was coming on scooter No. MOC 5412 along with one Rajesh Kumar Pandey towards Jyoti Talkies when Mini Bus M.P. 04-F/603 driven by Kunji Lal Sahu rashly and negligently and owned by Sanjay Kumar Jain and insured with the New India Insurance Company, dashed against the scooter. As a result of this accident, both the occupants of scooter died. Case under Section 304A of the Indian Penal Code was registered for prosecution. Claim for Rs. 50,42,000.00 was preferred.

Driver and owner of the Mini Bus have been proceeded exparte having failed to appear and defend the case. Insurance Company has stated that Mini Bus was insured with it and it has been denied that it was being driven rashly and negligently resulting in death of the deceased. Claim has been disputed and it is also stated that the driver did not possess driving licence at the time of accident, thereby committing breach of policy conditions. Moreover,

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