SOHAN SINGH Vs. NAVEEN KUMAR

JUDGEMENT

(1.) THIS appeal is preferred under Section 173 of Motor Vehicles Act, 1988, and is directed against the order dated 12th of July, 2004, passed by Mr. R.C. Kukreti, learned Presiding Officer of Motor Accident Claims Tribunal/ Additional District Judge/IIIrd Fast Track Court, Dehradun, whereby the claim petition was dismissed by him.

(2.) BRIEF facts of the case are that on 30.10.2001 at about mid -noon claimant's 'Taai' (a relation addressed to father's elder brother's wife), Smt. Sharda Devi @ Savitri Devi, while taking water near air -strip, Jolligrant, to her home, got injured on being dashed by a jeep registration No. U.P. 07/D 2417. It was alleged by the claimant that the jeep was being driven rashly and negligently by its driver, Naveen Kumar (respondent). The injured lady was admitted in Himalayan Hospital, Jolligrant but could not be saved, and died of injuries at 3.15 p.m. The deceased was issueless. Claimant alleged that he used to look after the deceased and due to her death, he underwent mental shock and deprived of love and affection of his 'Taai'. It was further alleged that he spent Rs. 5,000/ - on her funeral and expenses of Rs. 4,000/ - in her treatment before death. As such in all Rs. 50,000/ -for loss he has suffered, another Rs. 50,000/ - for mental shock, Rs. 4,000/ - on account of medical treatment, Rs. 5,000/ - as expenditure on funeral and Rs. 10,000/ - for expenses of the claim petition were claimed impleading the driver, owner of the jeep and the Oriental Insurance Company with whom the vehicle was insured at the time of the accident. The claim petition was contested by the driver, respondent No. 1 and respondent No. 3, the Insurance Company while the owner of the vehicle did not file any written statement before the learned Tribunal.

(3.) AFTER recording the evidence and hearing the parties, the petitioner decided issue No. 1 in favour of the claimant to the extent that Sharda Devi @ Savitri Devi who died on 30.10.2001 in Jolligrant, Dehradun, due to the injuries received by her in the accident, due to rash and negligent driving on the part of the driver of jeep registration No. U.P. 07 D/2417 but the learned Tribunal came to the conclusion that the claimant failed to show any relationship with the deceased, having dependence on her or to be a legal representative of the deceased. Accordingly, he dismissed the claim petition, giving findings on issue No. 2. As to the issue No. 3, it was decided in negative as a photocopy of the driving licence was filed by the respondent No. 1 before the learned Tribunal.