HEERA DEVI Vs. C S MANRAL

JUDGEMENT

(1.) THIS is claimant's appeal u/s 173 of the Motor Vehicles Act for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Nainital vide Award dated 0401 -2005 passed in Motor Accident Claim Case No. 216 of 2004.

(2.) THE claimants, Smt. Heera Devi, the unfortunate mother of deceased Kailash Chandra, claimed compensation of Rs. 6,00,000/ - for his death in the motor accident on 2208 -2004 when he was dashed by the offending vehicle bus bearing registration No. UA 04/ 4482 resulting in his instantaneous death on the spot itself. The claimant pleaded that deceased Kailash Chandra used to earn Rs. 4,500/ - per month as tailor and she was wholly dependent for her survival on his income.

(3.) THE owner and insurer of the offending vehicle bus contested the claim and denied their liability to pay compensation to the claimant. Though the owner of the bus admitted the fact of the accident, but denied that the accident occurred due to rash and negligent driving of the driver of the bus. On the other hand, it was pleaded that the deceased himself was negligent in crossing the road, which resulted in the unfortunate accident. The insurer, on the other hand, denied its liability to pay compensation to the claimant on the plea that the driver of the bus was not holding a valid driving licence and the bus was being plied in breach of the policy conditions.