NIAZ MOHD Vs. SUNDER MANI BHATT

JUDGEMENT

(1.) THIS is an appeal against the judgment and award dated 23.12.198S passed by the Motor Accident Claims Tribunal, Tehri Garhwal in M.A.C. No. 40 of 1986, Niaz Mohammad and Ors. v. Sundermani Bhatt and Anr.

(2.) BRIEFLY stated the facts giving rise to the present appeal are that appellants filed a petition under Section 166 pf the Motor Vehicles Act, before the Motor Accident Claims Tribunal, Tehri Garhwal for grant of award of compensation due to the death of Smt. Pyaran in a motor vehicle accident at 9.00 a.m. on 3.1.1986 at Geoli, District Tehri Garhwal. The petitioners have stated that the deceased was boarded on Bus No. USQ 843 on 3.1.1986 at 8.00 a.m. at Anjanisain. The bus was being driven rashly and negligently. When it reached near Geoli at about 9.00 a.m., it fell down in a Khad. The driver of the bus and Smt. Pyaran succumbed to the injuries sustained in the accident.

(3.) THE respondents have contested the case and have filed their respective written statements. Respondent No. 1 has pleaded that the deceased was not earning anything and the accident did not take place due to rash and negligent driving. The amount of compensation claimed is highly exaggerated. Respondent No. 3 has pleaded that the accident was not occurred due to debris on the road but it was due to rash and negligent driving of the driver of the vehicle.