UOI Vs. JAISHREE AGGARWAL

JUDGEMENT

(1.) THE Appellant Union of India impugns a judgment dated 21.02.2004 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.30,25,000.00 was awarded in favour of Respondents No.1 to 5 for the death of one Jai Kumar Aggarwal who died in a motor vehicle accident which occurred on 09.02.2002 and involved an army truck No.00D1-34130E-CF (Army Truck) owned by the Appellant.

(2.) MR. Jaswinder Singh, Advocate learned counsel for the Appellant has very passionately canvassed before me that the finding on negligence reached by the Claims Tribunal was perverse. Since there was no negligence on the part of Respondent No.6, the Appellant's driver, the Appellant had no liability at all to pay the compensation.

(3.) LEARNED counsel for the Appellant places reliance on a judgment of this Court in Geeta Rani Gupta & Ors. v. DTC & Anr. 1993 ACJ 408 where it was held that the circumstances must be taken into consideration to render finding on negligence.