SAROJ Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) learned counsel for the appellants, Mr. D.K. Sharma, learned counsel for respondent No. 1 and Mr. R. Dobhal, learned counsel for respondent Nos. 2, 3 and 4.

(2.) The present appeal from the order has been filed by the appellants against the judgment and award dated 15.5.1996 passed by District Judge/Chairman, Motor Accidents Claims Tribunal, Uttarkashi in Motor Accident Claim Petition No. 35 of 1993 whereby the Claims Tribunal has dismissed the claim petition filed by the claimants.

(3.) Brief facts of the case giving rise to the present appeal are that claimant No. 1 is the wife of the deceased Surbir Chand and claimant No. 2 is his minor daughter and claimant Nos. 3 and 4 are father and mother of the deceased. According to the case of claimants, on 10.11.1993, Surbir Chand, the deceased boarded the taxi No. UMX 441 at Matali for coming to Uttarkashi. The vehicle was being driven rashly and negligently by its driver due to which the vehicle met with an accident near Barethi and rolled into river Bhagirathi. The deceased received fatal injuries in the accident and succumbed to injuries instantaneously. Deceased was 32 years of age at the time of accident. He was a registered contractor in Public Works Department, Jal Nigam and Irrigation Department and was earning Rs. 6,000 per month. The claimants-appellants claimed compensation of Rs. 17,50,000 for pecuniary loss, loss of consortium, shock and injury and for funeral expenses.