HARIMA SIPAL Vs. HARI KRISHNA JOSHI

JUDGEMENT

(1.) THIS is an appeal against the judgment and the award dated 30.8.2003 passed by the Motor Accidents Claims Tribunal, Pithoragarh (hereinafter referred to as 'the Tribunal') in the Motor Accident Claim Petition No. 94 of 2001, Harima Sipal v. Hari Krishna Joshi, by which the Tribunal has awarded a sum of Rs. 12,57,944 as compensation against the opposite party No. 2 along with interest at the rate of 9 per cent per annum from the date of application till the date of payment. The present appeal has been preferred by the claimants for the enhancement of the compensation.

(2.) BRIEF facts of the case giving rise to this appeal are that the petitioners filed a claim petition before the Motor Accidents Claims Tribunal, Pithoragarh for grant of compensation on account of death of Jas -pal Singh in a motor vehicle accident. The petitioners have alleged that on 28.5.2001 the deceased boarded in jeep No. UP 05 -0077 at Dharchula for going to Pithoragarh. The jeep was being driven rashly and negligently by its driver. As soon as jeep reached Pingalpani Band, it met with an accident. Jaspal Singh sustained fatal injuries in the accident and he succumbed to the injuries at the spot.

(3.) RESPONDENT No. 1, the owner of the offending vehicle, Hari Krishna Joshi as well as the respondent No. 2, New India Assurance Co. Ltd. have filed their written statements. They have denied that the accident had occurred due to rash and negligent driving of the vehicle in question. However, the respondent No. 2, insurance company has admitted that the vehicle in question was insured from 19.11.2001 to 18.11.2002.