NANDI DEVI Vs. MANGAL SINGH KOSHYARI

JUDGEMENT

(1.) This appeal has been preferred under section 173 of Motor Vehicles Act, 1988 (in short 'the Act') against the judgment and award dated 4.7.2003, passed in the M.A.C. Petition No. 112 of 2002, Nandi Devi v. Mangal Singh by the Motor Accidents Claims Tribunal/District Judge, Nainital (hereinafter referred to as 'the Tribunal'), whereby the learned Tribunal dismissed the claim petition filed by the claimant-appellant.

(2.) Brief facts giving rise to the present appeal are that the claimant-appellant filed claim petition under section 166/140 of the Act before learned Tribunal for compensation of Rs. 11,60,000 with the allegation that on 11.11.2000 her son Kundan Singh was going from Pithoragarh to Haldwani by vehicle No. UP 03-3178 along with his goods loaded thereon; that at about 5 p.m. near village Sheragaon (Ghat) suddenly the steering went out of order with the result the vehicle fell down in the khud with the result Kundan Singh sustained grievous injuries on different parts of his body. He was brought to B.D. Pandey Government Hospital at Pithoragarh for treatment but his condition did not improve, therefore, he was referred to K.G.M.C., Lucknow for treatment. He was hospitalised there for two months but he could not recover and died on 27.2.2001 at his parental village. Report of the incident was lodged with P. S. Pithoragarh, hence the claim petition was filed by the mother of the deceased.

(3.) O. P. No. 1, owner of the vehicle, contested the case and filed his written statement. He asserted that the deceased was deputed by the management to (sic) transportations of truck at the salary of Rs. 3,000 per month besides diet money. He admitted the ownership of the truck and further prayed that the vehicle was being run with valid driving licence and other valid papers. It was pleaded that the truck was duly insured on the date of accident.