JAGAT SINGH RAWAT Vs. MOTOR ACCIDENT CLAIMS TRIBUNAL

JUDGEMENT

(1.) THIS appeal, preferred under Section 173 of the Motor Vehicles Act, 1988, is directed against the judgment and award dated 16.8.1997. passed by M.A.C.T./District Judge, Pauri Garhwal in M.A.C. Case No. 3 of 1996, whereby the claim of the claimant was allowed for an amount of compensation to the tune of Rs. 1,25,000 and the appellant, owner of the vehicle, has been directed to pay the same.

(2.) BRIEF facts of the case, are that on 1.12.1995 at about 1.30 p.m., Smt. Anita Devi was travelling in Jeep registration No. U.P. 07-D/491 from Village Paubo to Notha. Said vehicle was being driven rashly and negligently by respondent No. 1, Jagat Singh, who was owner as well as driver of the said vehicle, resultantly, the vehicle fell in a gorge and Anita Devi died in the accident. She was aged 27 years a at the time of her death. Claimant No. 1, husband of the deceased and claimant Nos. 2, 3 and 4, minor children of the deceased filed claim petition alleging that the deceased was earning Rs. 1,000 per month for her family. It is also alleged in the claim petition that the vehicle was ensured with respondent No. 2, Oriental Insurance Co. Ltd. A sum of Rs. 8,92,000 was claimed by the claimants.

(3.) THE Tribunal framed following issues, during the trial: