RAGHUVIR SINGH AND OTHERS Vs. SHIV KUMAR GUPTA

JUDGEMENT

(1.) THIS appeal has been filed by the claimants under Section 110B of the Motor Vehicles Act, 1988(sic) against the judgment and award dated 25 -04 -1988 passed by the Motor Accident Claims Tribunal/District Judge, Chamoli in Claim Case No. 31 of 1987 Raghuvir Singh & others Vs. Shivkumar Gupta & others.

(2.) BRIEF facts of the case are that on 31 -07 -1986, Sri Bhagwat Singh aged 70 years was returning from Darshan of Sri Bhadrinathji in Bus No. HRX 2791 in the morning and this bus slipped inside the downward khud at about 12 Noon near Hanuman Chatti due to the negligence of the driver due to which Bhagwat Singh died at the spot. According to the claimant at the time of the accident Bhagwat Singh was earning Rs. 500/ - per month therefore, the claimants/appellants filed a claim petition for Rs. 30,000/ - as compensation.

(3.) THE opposite parties contested the claim petition and filed their written statement stating therein that the driver - Ved Prakash was driving the bus slowly and carefully as the downward slop was there on the road and it was raining heavily and the road was slippery. There was oil on the road and thus the road was more slippery and that is why the bus skidded towards the khud down the road in spite of the best efforts of the driver. The New India Assurance Company also filed its separate written statement admitting therein that Vijay Kumar - conductor was driving the bus and no road permit was there to carry the bus to Badrinath and Assurance Company is liable to pay Rs. 15,000/ - only.