HARULI DEVI Vs. MAHESH CHANDRA JOSHI

JUDGEMENT

(1.) This appeal preferred under section 173 of Motor Vehicles Act, 1988 is directed against the judgment and order dated 7.3.2003 passed by learned Presiding Officer of the Motor Accidents Claims Tribunal/District Judge, Pithoragarh, whereby an amount of Rs. 1,00,000 was awarded as compensation in favour of the claimants-appellants. This appeal is for enhancement of the said amount.

(2.) Brief facts of the case are that on 14.12.1998 at about 8 a.m., vehicle bus registration No. UP 01-2111 of K.M.O.U. Ltd. owned by the respondent No. 1, was being driven rashly and negligently by its driver. In the said bus Faqeer Singh was travelling. Due to rashness and negligence on the part of the driver, the bus fell into khud at Dooni within the limits of Police Station, Berinag. Faqeer Singh died in the accident. Claimants are his parents. The deceased was a graduate and unemployed youth. It is alleged that the claimants were dependent on their son, who was earning his income from agricultural work.

(3.) The respondent No. 1 contested the claim petition denying the factum relating to rashness and negligence on the part of the driver. It was further pleaded by respondent No. 1 that the vehicle in question was insured with respondent No. 2 at the time of the accident.