ARVIND KUMAR PANDEY Vs. GIRISH PANDEY

JUDGEMENT

(1.) Leave granted.

(2.) Appellant No.1 is the husband, and appellant Nos.2 and 3 are the daughter and son, respectively of the deceased Smt.Sushma Pandey. She was admittedly around 50 years old on 26/6/2006 when she was travelling with the respondents in their car. It seems that the vehicle lost control, skidded off and fell into a ditch at about 3.45 p.m., causing the death of Smt. Sushma Pandey.

(3.) The appellants filed a Claim Petition under Sec. 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal (for short, 'the Tribunal ') seeking compensation of Rs.16,85,000.00. The Tribunal dismissed the said petition stating that the vehicle in question was not insured and, therefore, the claim did not lie. Aggrieved by the said order, the appellants approached the High Court by way of an appeal. The High Court allowed the appeal and remanded the matter to the Tribunal. The Tribunal awarded a sum of Rs.2,50,000.00 only to the appellants as compensation. The appellants went in appeal, but the High Court dismissed the same vide impugned order dtd. 6/4/2017.