BIHARI LAL GABA Vs. GOBIND RAM

JUDGEMENT

(1.) This appeal under Sec. 173 of Motor Vehicle Act has been filed by the appellants against the judgment and order dated 28.10.2004 passed by M.A.C.T./District Judge, Rudrapur, District Udham Singh Nagar in Claim Petition No. 216 of 2002 whereby the Tribunal has awarded a sum of Rs. 1,75,000.00 in favour of the claimants.

(2.) Brief facts of the case are that on 08.09.2002 at about 03:00 p.m., Ramesh @ Neetu (deceased) was going from Kichha to Rudrapur Road on his motorcycle No. UBD/0050. When he reached near Teen Pani Baried, Kichha Road suddenly a truck (Tata 407) bearing No. HR02B/ 1551, which 2 was being driven by its driver in a very rash and negligent manner, hit the motorcycle of the deceased, due to which he received serious. He was immediately admitted to maharaja Agrasen Hospital, Rudrapur but the doctors could not save him and he died without receiving any treatment. The claimants/appellants are the legal representatives of the deceased and filed claim petition before the Tribunal to the tune of Rs. 8,00,000.00 as compensation.

(3.) Sri Govind Ram (driver of Tata 407) as well as Insurance Company contested the claim petition by filing their separate statements. On the basis of the pleadings of the parties, the Tribunal has framed relevant issues, which were discussed in great detail.