KULDEEP SINGH Vs. INDRAJEET SINGH KOHLI

JUDGEMENT

(1.) This is claimants' appeal under section 173 of the Motor Vehicles Act, 1988, for enhancement of compensation awarded by Motor Accident Claims Tribunal/Additional District Judge, Udham Singh Nagar, vide award dated 30.9.2004 passed in M.A.C.P. No. 280 of 2003.

(2.) The claimants, who are unfortunate parents of deceased Ranjeet Kaur, claimed compensation of Rs. 5,00,000 for her death in the motor accident on 8.11.2003, when the tractor bearing registration No. URN 4978, in which she was travelling, was dashed by the bus bearing registration No. UA 04-3353 resulting in the serious injuries to Ranjeet Kaur, who succumbed to those injuries on the spot. The claimants pleaded that their daughter Ranjeet Kaur was aged about 21 years and used to earn Rs. 4,000 per month from tailoring work.

(3.) The owner and insurer of the bus contested the claim and denied their liability to pay compensation to the claimants. The owner took the plea that the driver of the tractor was negligent and as such, was 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.