KALAWATI DEVI Vs. NARAYAN SINGH

JUDGEMENT

(1.) This is an appeal against the judgment and the award dated 3.9.2004 passed by the Motor Accidents Claims Tribunal, Champawat.

(2.) Brief facts giving rise to the present appeal are that appellants filed a claim petition before Motor Accidents Claims Tribunal, Champawat for grant of compensation on account of the death of Khimram in a motor vehicle accident on 8.11.2002 near village Gallagaon on Barakot-Lohaghat Road. Appellants-petitioners submitted that Khimram boarded vehicle No. UA-03 1106 at Barakot for going to Lohaghat. The vehicle was being driven rashly and negligently due to which it met with accident near Gallagaon. Khimram sustained fatal injuries in the accident and he succumbed at the spot. The deceased was employed in P.W.D. Lohaghat as gangman and was getting Rs. 5,000 per month as salary.

(3.) The claim petition was contested by the respondents. The respondents have filed their respective written statements. Respondent No. 1 denied that the accident was caused due to rash and negligent driving by the driver of the vehicle. Respondent No. 2 submitted that the driver and the owner of the vehicle flouted the terms and conditions of the insurance policy and as such the insurance company is not liable to pay compensation to the claimants.