SUMAN SOOD DEVENDRA SOOD Vs. SUDHEER KUMAR SHARMA

JUDGEMENT

(1.) THIS appeal under Section 173 of Motor Vehicles Act has been filed by the appellants against the judgment and order dated 05. 02. 2002 passed by M. A. C. T. /district Judge, Dehradun in M. A. C. No. 9 of 2000 whereby the Tribunal awarded a sum of Rs. 1,32,000/- in favour of the claimants along with interest @ 9% per annum from the date of filing the claim petition.

(2.) BRIEF facts of the case are that on 26. 12. 1999, the deceased - Davendra Kumar Sood on his scooter bearing No. UP07d/2882 going towards Rajpur Road from D. L. Road suddenly Tata Truck No. UP07g/4402, which was being driving by its driver in very rash and negligent manner, hit the scooter of Daverndra Kumar Sood due to which, he sustained serious injuries. He was admitted in the Doon hospital at Dehradun and thereafter, on 05. 01. 2001 died due to these injuries. At the time of the accident, the deceased was aged about 50 years and he used to earn Rs. 6,000/- per month salary as a driver. Therefore, the claimants filed claim petition for awarding compensation.

(3.) THE respondents - driver of the truck, owner of the truck and Insurance Company contested the claim petition by filing their written statement. On the basis of the pleadings of the parties, the Tribunal framed relevant issues, which were discussed in great detail. The Tribunal after hearing learned counsel for the parties and perusing the entire material available before it, allowed the claim petition and awarded a sum of Rs. 1,32,000/- in favour of the claimants as compensation vide judgment and order dated 05. 02. 2002.