SHOBHAN SINGH Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THE appellants are seeking enhancement of the compensation awarded by the Motor accident Claims Tribunal/district Judge rudraprayag vide award dated 6-10-2004 passed in M. A. C. P. No. 5 of 2004.

(2.) THE claimants, who are unfortunate parents of deceased Pushkar Singh claimed compensation of Rs. 10,00,000/- (Rupees ten lakhs only) for his death in the motor accident on 25-10-2003 when the bus bearing registration No. U. P. 06-1536, in which he was traveling, met with an accident due lo the rash and negligent driving of its driver resulting in the instantaneous death of pushkar Singh on the spot itself. The claimants pleaded that their son Pushkar singh, who was aged about 27 years, used to earn Rs. 5,000/- per month as cable operator.

(3.) THE insurer and the owner of the offending vehicle bus contested the claim and denied their liability to pay compensation to the claimants. The owner took the plea that the accident occurred due to sudden mechanical failure and as such, the driver was not responsible for the accident. The insurer, on the other hand, pleaded that the bus was being plied in breach of the policy conditions and the driver was not holding a valid driving licence.