MADHURI RAWAT Vs. YOGAMBER SINGH RAWAT

JUDGEMENT

(1.) The present appeal has been directed against the judgment and award dated 8.7.1997 passed by the Motor Accidents Claims Tribunal, Pauri Garhwal.

(2.) Briefly stated the facts giving rise to (he present appeal are that appellants filed a claim petition before the Motor Accidents Claims Tribunal, Pauri Garhwal for grant of compensation on account of death of Tirath Singh in a motor vehicle accident on 25/11/1995 at 5 p.m. at village Teka near Kanshkhet, District Pauri Garhwal involving bus No. UTS 1021. The claimants alleged that on the date of accident the deceased was going with a marriage party. When the ill-fated bus reached near village Teka, it had stopped to take some more baratis. The deceased Tirath Singh Rawat had climbed on the roof of the bus to load luggage of those baratis. Soon he was coming down from the roof of the bus, the driver without any signal started the bus due to which the deceased fell down and he sustained grievous injuries. Immediately he was rushed to the District Hospital, Pauri Garhwal where he remained admitted till 27/11/1995. Thereafter he was taken to Delhi and was treated in Safdarjang Hospital from 28.11.95 to 12.1.1996. Thereafter he was discharged but he developed complication and was again admitted in Safdarjang Hospital, New Delhi, where he succumbed to the injuries on 9/4/1996. The deceased was aged 32 years at the time of accident. He was doing business and was earning Rs. 3,500.00 per month.

(3.) The opposite party No. 1, owner of the bus did not contest the claim petition. However, the insurance company contested the claim petition and filed its written statement.