TRILOK SINGH Vs. MOTOR ACCIDENT CLAIMS

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988 filed by the claimant for enhancement of the compensation awarded by the Motor Accident Claims Tribunal/District Judge, Rudraprayag, in Motor Accident Claim Case No. 38 of 2003 on 10.3.2004.

(2.) BRIEF facts of the case are that on the ill-fated day i.e. 2.8.2003 at about 5.00 p.m. Smt. Deveshwari Devi wife of claimant Trilok Singh was travelling in vehicle (Tata Sumo) No. UA 07-B-4973 which was going from Karanprayag to Srinagar. The said vehicle met with accident due to rash and negligent driving of its driver near Narkota-Khankhara in which Smt. Deveshwari Devi aged about 32 years died and her husband (claimant) received injuries on his head. The deceased was posted as Assistant Teacher under the Basic Education Officer, Chamoli at the time of accident. She was getting monthly salary Rs. 8,044. The claimant filed claim petition for compensation of Rs. 15,00,000 before the Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal).

(3.) THE learned Tribunal framed necessary issues on the pleadings of the parties and allowed the claim petition for a total sum of Rs. 4,85,000 as compensation along with interest at the rate of 9% per annum from the date of application till the date of realisation against the Oriental Insurance Company. Feeling aggrieved, the Oriental Insurance Company/opposite party No. 1 has come up in this appeal.