NEW INDIA ASSURANCE CO LTD Vs. BEENA

JUDGEMENT

(1.) This appeal, under Section 173 of Motor Vehicles Act, 1988, has been preferred against the judgment and order dated 15.04.2006 passed by Motor Accident Claims Tribunal/A.D.J./1st F.T.C. Haldwani, District Nainital, in M.A.C.P. No. 233 of 2005, Smt. Beena and others v. Rajendra Singh Bisht and another.

(2.) The claimants Smt. Beena and others filed a claim petition under Section 166 of Motor Vehicles Act against opposite parties, for grant of compensation in lieu of death of deceased-Ramesh Chandra in a motor accident. According to the claimants, deceased-Ramesh Chandra was doing business of confectionary on contract and on 6.5.2005 deceased-Ramesh Chandra along with his employees had gone for catering at Bhimtal on the occasion of marriage of daughter of one Govind Singh. On 7.5.2005 deceased Ramesh Chandra was coming back Haldwani from Bhimtal along with his employees due to some work and as soon as he stepped in Bus No.U.P.02C/2464,the driver of bus drove the bus in a rash and negligent manner, due to which deceased-Ramesh Chandra fell down from the bus and came under the bus and sustained grievous injuries. The deceased was taken in Soban Singh Jeena Base Hospital, Haldwani, where he died during treatment. The claimants suffered economic loss as well as mental agony due to death of deceased- Ramesh Chandra. The claimants also pleaded that they expended Rs.50,000/- towards cremation of deceased. The claimants claimed a sum of Rs.40,00,000/- as compensation, against opposite parties.

(3.) The opposite party no. 1 -Rajendra Singh Bisht filed written statement and admitted the factum of accident. He has pleaded that said accident did not take place due to rash and negligence of his driver. At the time of accident his vehicle was being plied according to rules of Motor Vehicles Act. He has also pleaded that accident occurred due to own fault of deceased as he was standing at Gate of bus and fell down from the bus when someone gave him a push. He has further pleaded that at the time of accident driver of bus was having valid driving licence and vehicle was insured with New India Assurance Company Limited.