LAXMAN SINGH Vs. PREMA DEVI

JUDGEMENT

(1.) HEARD Sri Neeraj Upreti, counsel for the Appellant and Sri Pankaj Purohit, counsel for the Respondent No. 5.

(2.) BY the present A.O. filed under Section 173 of the Motor Accident Claims Tribunal, Appellant has prayed for setting aside the award dated 24 -6 -2006 passed by the Motor Accident Claims Tribunal, District Judge, Pithoragarh in Motor Accident Claim Petition No. 17 of 2004 Smt. Prema Devi and Ors. v. Laxman Singh and another, whereby the tribunal has passed an award to the extent of Rs. 1,92,00/ - along with interest @ 7% per annum.

(3.) ACCORDING to the claim petition, on 30 -6 -2003, when Prem Singh (deceased) was coming by Jeep No. U.A. 05/0383 (hereinafter referred to as the Jeep), the Jeep caused an accident near Badeli (Munsyari) and fell down into a ditch, due to which deceased received fatal injuries and, when he was being taken to the Hospital, he succumbed to injuries in the way. At the time of accident, the driver was driving the Jeep rashly and negligently. At the time of accident, the deceased was 25 years of age and was earning a sum of Rs. 10,000/ - from giving tuition, cultivation and dairy work and used to give Rs. 5,000/ - to the claimants. At the time of accident he was studying in M. Sc. Claimants have claimed a total sum of Rs. 21,70,000/ - along with interest @ 12% per annum towards compensation.