KRISHAN GOPAL Vs. SANDHYA DEVI

JUDGEMENT

(1.) Leave granted.

(2.) The respondents herein are the parents of one Jitender Sharma, who died in an accident on 21st December, 1998. The respondents filed a claim petition, being No. 39 of 1999, which was dismissed by the Motor Accidents Claims Tribunal, Kullu, on 1st December, 2001. Against the said order of dismissal of their claim, the respondents preferred an appeal, being FAO No. 46 of 2002, in the High Court of Himachal Pradesh at Shimla, which was allowed in favour of the respondent Nos. 1 and 2 herein on 29th November, 2005. By virtue of the said decision, the High Court held that Jitender Sharma had died due to the rash and negligent driving of Jitender Thakur, the Appellant No. 2 herein, while he was driving the scooter owned by the Appellant No. 1 (father of Appellant No. 2) and that both of them were jointly and severally liable to pay compensation of Rs. 2 lakhs, together with interest at the rate of 9 per cent per annum w.e.f. 6th October, 1999, till deposit of the amount. They were also directed to pay the costs of the appeal to the respondents assessed at Rs. 3,000/-.

(3.) The appellants have filed the instant appeal against the said decision of the High Court.