HARDEV SINGH Vs. DHARAM SINGH

JUDGEMENT

(1.) -THE unfortunate parents of deceased Asha Rani are seeking enhancement of the compensation awarded by the Motor Accidents Claims Tribunal/ district Judge, Nainital vide award dated 19. 7. 2005 passed in the M. A. C. No. 54 of 2005.

(2.) THE claimants claimed compensation of Rs. 5,00,000 (rupees five lakh) for the death of their daughter Asha Rani aged about 16 years in the motor accident on 18. 2. 2005 when she was coming back to her house from the school and was dashed by the offending vehicle tractor bearing registration No. UA 06-6596 resulting in her instantaneous death on the spot itself.

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