RAJIV RAWAL Vs. MAN SINGH

JUDGEMENT

(1.) -THIS is claimants' appeal for enhancement of the compensation awarded by Motor Accidents Claims tribunal/additional District Judge, Udham singh Nagar vide award dated 3. 1. 2005 passed in M. A. C. P. No. 135 of 2003.

(2.) THE claimants, who are unfortunate husband and minor son of the deceased ritu Rawal, claimed compensation of rs. 44,67,000 for her death in the motor accident on 16. 1. 2003, when the cyclerickshaw, in which she was going to her school, was dashed by offending vehicle, bus bearing registration No. UP 06-0476, resulting in serious injuries to Ritu Rawal, who succumbed to those injuries during the course of her treatment in the hospital the same day. The claimants pleaded that deceased ritu Rawal used to earn Rs. 13,000 per month as salary from the school and tuition.

(3.) THE owner, driver and insurer of the offending vehicle bus contested the claim and denied their liability to pay compensation to the claimants. The owner and the driver took the plea that rickshaw puller himself was negligent and as such, was responsible for the accident. The insurer of the offending bus, on the other hand, pleaded that the bus was being plied in breach of the policy conditions.