SHEELA TIWARI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) PRESENT appeal under Section 173 of the Motor Vehicles Act, 1988 (herein after, referred as 'the Act') has been filed against the judgment and award dated 11 -10 -2002, passed by the Motor Accident Claim Tribunal/District Judge, Nainital, in M.A.C. No. 58/2002, awarding Rs, 50,000/ - as compensation under Section 140 of 'the Act' for no fault liability.

(2.) BRIEF facts were that Jagdish Chandra Tiwari, was employed as Orderly peon with Conservator of Forest Southern Circle Nainital, On 27 -11 -2001, he was going to Dehradun with Conservator of Forest in official Ambassador Car No U,P, 02 -C8663 which was being driven by Pani Ram driver rashly and negligently. When the Car reached near Sunarauwali Pulia Nazibabad, At about 7 -40 a.m. it met with an accident and Jagdlsh Chandra Tiwari received injuries in the accident and succumbed to his injuries at the spot itself. According to the claimants the deceased was aged about 36 years having good health and he was the only earning member in the family. The deceased was getting salary of Rs. 4,390/ - per month. The claimants claimed Rs. 10,00,000/ - as compensation.

(3.) THE opposite parties filed written statement, admitting the accident and occupation of the deceased. It was pleaded by the O.Ps. that the accident occurred due to bursting of tyer of the car and there was no fault on the part of the driver.