DEEPAK Vs. ANITA SON

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the Act) against the judgment and award, dated 20.11.1999, passed by the Motor Accident Claims Tribunal/III Addl. District Judge, Nainital (in short the Tribunal) in Claim Petition No. 441 of 1997, whereby compensation of Rs. 9,00,000/ - was awarded against the owner and driver of the scooter No. UP 02 -5613 to the extent of 50% each. Aggrieved, the appellants have come up in appeal.

(2.) RELEVANT facts were that Dr. Hira Singh Son, a medical officer by profession, sustained fatal injuries on 21.6.1997 at about 8.20 p.m. being hit by a scooter on Khatima -Sitarganj road in front of a Rice Mill. According to claimants, the said vehicle was driven rashly and negligently. The deceased was shifted to Community Health Centre, Khatima and later -on, was removed to Kesh Lata Hospital Bareilly on 21.6.1997 and again, he was shifted to Batra Hospital, New Delhi on 22.6.1997 for his treatment, where he succumbed to his injuries on 24.6.1997. Post Mortem was conducted on the same day at AI.I.M.S. New Delhi. The claim petition was filed by his dependants/legal heirs for compensation of Rs.15,00,000/ -.

(3.) THE appellants filed their joint written statement, wherein the factum of accident was admitted but they asserted that accident occurred due to rashness and negligence on the part of the deceased; that the scooterist was driving his scooter at a moderate speed and that the appellant no.1 possessed valid driving licence with long experience of driving. Prem Singh Bhatia admitted his ownership of the scooter.