UMMED SINGH Vs. JAY BHAGWAN AGARWAL

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicle Act has been filed by the appellants/claimants against the judgment and award dated 12.09.2006 passed by M.A.C.T./District Judge, Udham Singh Nagar in M.A.C.P. No. 195 of 2005 whereby the Tribunal awarded a sum of Rs. 52,000/ - in favour of the claimants.

(2.) BRIEF facts of the case, according to the claimants are that on 04.08.2005 at about 02:00 p.m., Km. Asha Rana and Km. Sonam Rana were coming their school Nanakmatta to Sisaikher. When they reached near Bheem Dhaba at Sisai, Maruti Car No. UP04B/0321 which was being driven by its driver in a very rash and negligent manner hit both of them due to which Km. Asha Rana sustained serious injuries and thereafter died. At the time of the accident, she was 9 years of age. The claimants are the parents of the deceased. Therefore, they have filed the claim petition before the Tribunal concerned for Rs. 4.00 lacs for compensation.

(3.) THE opposite party No.l - Jay Bhagwan Agarwal contested the claim petition by filing written statement before the Tribunal alleging therein that the accident took place due to negligence of the deceased. At the time of the accident, the car was being driven in a slow speed. It has further alleged that the car in question was insured with the United India Insurance Company Ltd., therefore, the liability to pay compensation, if any, lies upon the Insurance Company and not the owner of the vehicle.