SONA DEVI Vs. KISHAN SINGH RANA

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellants/claimants against the judgment and order dated 26. 07. 2007 passed by M. A. C. T. /additional District Judge, Tehri Garhwal in M. A. C. C. No. 55 of 2004, Smt Sona Devi and others Vs Sri Kishan Singh Rana and others whereby the Tribunal awarded a sum of Rs. 87,000/- as compensation which shall be payable within a period of two months failing which the same shall be payable along with interest @ 7% per annum from the date of filing the claim petition till the actual payment.

(2.) BRIEF facts of the case are that on 30. 04. 2004 Sri Dhani Ram was coming from Rishikesh to his village Bhalegaon in a mini bus bearing No. UP05/0173. At about 04:00 p. m. , near Teendhaar the said vehicle met with an accident due to rash and negligent driving of its driver. In this accident, Sri Dhani Ram died at the spot. At the time of the accident he was 50 years of age and doing the business of supplying vegetables etc. and used to earn Rs. 10,000/- per month. Therefore, the claimants filed a claim petition before the Tribunal to the tune of Rs. 5. 00 lac towards compensation.

(3.) THE owner of the vehicle as well as the Insurance Company contested the claim petition by filing their written statement. The owner of the vehicle - Sri Kishan Singh Rana has submitted in the affidavit that on the date of accident, the driver of the mini bus was having the driving licence as well as all the relevant documents pertaining to the bus. The bus was being driven by its driver slowly and cautiously. It has further submitted that the bus was insured with the National Insurance Company Ltd. including the passengers of the bus, therefore, the liability of compensation was on Insurance Company.