VIKRAM SINGH Vs. MANVENDRA SINGH

JUDGEMENT

(1.) This appeal preferred under section 173 of Motor Vehicles Act, 1988, by claimants, is directed against the judgment and award dated 8.9.2000 in Motor Accident Claim Case No. 41 of 1999, passed by the learned M.A.C.T./District Judge, Chamoli, whereby a sum of Rs. 59,500 has been awarded as amount of compensation to the claimants.

(2.) Brief facts of the case are that on 5.7.1999, Nandan Singh (deceased) was travelling in the jeep bearing registration No. UP 07-J 0833 on his way from Pauri Garhwal to Chamoli. It is alleged in the claim petition, that due to rash and negligent driving on the part of the driver of the jeep, at about 2 p.m., an accident took place in which Nandan Singh died. At the time of his death Nandan Singh was working as peon in the office of District Audit Officer, Co-operative Societies, Chamoli and his salary was Rs. 4,480 per month. Claimants-appellants Parwati Devi is the widow of the deceased and the claimants Vikram Singh and Laxmi are his children. After the death of Nandan Singh, aforesaid claimants filed a claim petition before the Motor Accidents Claims Tribunal, Chamoli, claiming Rs. 10,00,000 as amount of compensation.

(3.) The driver of the vehicle in question, Harish Singh, while contesting the claim petition has admitted the accident but pleaded that he was neither rash nor negligent in driving the vehicle. It is alleged by him that on a bend of the hilly road, a cow suddenly came in front of the vehicle, which caused the accident. The owner of the vehicle in question, Manvendra Singh, respondent, in his written statement also pleaded that the driver was not at fault. It is further pleaded by the owner that the vehicle was insured at the time of the accident with Oriental Insurance Co. Ltd. Oriental Insurance Co. Ltd. contested the claim and pleaded that the deceased was not a valid passenger nor the vehicle was being plied, at the time of the accident, with proper documents.