RESHU SHARMA Vs. RAJESH SETHI

JUDGEMENT

(1.) THIS appeal, under Section 173 of the Motor Vehicles Act, arises out against the judgment and award dated 26 -9 -2005, passed by Motor Accident Claims Tribunal/Additional District Judge/II F.T.C., Nainital, in MACP No. 71 of 2003, Smt. Reshu and others Vs. Rajesh Sethi and another.

(2.) THE facts of the case, in a nutshell, are that Sanjeev Kumar Sharma along with relatives and friend on 8.1.2003 were traveling in Maruti Car No. DL 2 -C/C/7301, from Manglore to Roorkee. Sanjeev Kumar himself was driving the Car. When the Car reached near G.T. Road Roorkee, truck No. U.P.07/H/0097 coming from opposite direction, dashed the Maruti Car in a rash and negligent manner. All the occupants of the car sustained grievous injuries and they were shifted to Government Hospital Roorkee, where the doctors declared Sanjeev Kumar dead. The deceased was running a P.C.O. and he was also an Agent in L.I.C. His monthly income was Rs. 10,000/ -.

(3.) THE opposite party No. 1, owner of the Truck no. U.P. -07/H/0097, did not contest the claim inspite of service and the petition was heard exparte against him.