NAND LAL BAKSHI Vs. LALIT KUMAR GUPTA

JUDGEMENT

(1.) THIS appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 (in short the Act) against the judgment and award, dated 5 -7 -1990, passed by the Motor Accident Claims Tribunal/Additional District Judge. Dehradun (in short the Tribunal), whereby the knrned Tribunal has awarded compensation worth Rs. 22,500/ - along with interest @ 12% per annum in favour of the claimant as against the Insurance Company -appellant as well as the owner of the vehicle, as directed in the impugned order. Aggrieved, the claimant -appellant has come up in appeal for enhancement of compensation.

(2.) BRIEF facts of the case arc that -the son of the claimant Subhash Bakshi(the deceased) aged 24 years lost his life in a motor vehicle accident, which occurred on 14.12.1983. According to the claimant, the deceased was working as a Clerk with Manjeet Singh Dang, Forest Contractor, and was gelling monthly salary of Rs. 650/ -. On the fateful day, the deceased had gone to the shop of one Jagat Singh Chauhan in village Lakhaundi. When he along with Ramesh Thapa was returning to Budhair village on foot at 8.30 p.m., the deceased was hit by Truck No. URM -8286, which was driven rashly and negligently by its driver, with the result he sustained grievous injuries and died at the spot. It was alleged that the driver of the ill -fated truck also fell down into the Khudd and died on. spot. The deceased was unmarried, therefore, the father of the deceased filed the claim petition claiming Rs. 3,40,000/ - as compensation.

(3.) THE owner of the vehicle contested the claim petition by filing his written statement on the ground inter alia that the Truck No. URM -8286 met with an accident on 14.12.83.at about 9 p.m. near Budhair village but denied the time and place of accident as alleged by the claimant. Death of the deceased was also denied due to the said accident. However, in paragraph 15 it was asserted that the deceased and Ramesh sustained injuries due to their own fault and negligence with the result they fell down into a deep ravine thereby both of them sustained injuries and 'Subhash Bakshi succumhed to his injuries.