NEW INDIA ASSURANCE COMPANY LTD Vs. SHARDA DEVI

JUDGEMENT

(1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and Order/Award dated 22.03.2010 passed by the Motor Accidents Claims Tribunal, Aligarh in Motor Accident Claim Case No. 134 of 2008 filed by the claimant-Respondent Nos. 1, 2 and 3 on account of the death of Satya Prakash in an accident which took place on 31st October, 2002 at about 9.30 O'clock in the morning.

(2.) The case of the claimant-Respondent Nos. 1,2 and 3 was that the said Satya Prakash used to carry on business of selling clothes; and that on 31st October, 2002, the said Satya Prakash was going to sell clothes in Nanau Paith; and that the said Satya Prakash was going on Canter bearing Registration No. U.P. 81 F 6564 along-with other passengers; and that Firoz Pahalwan, Driver of the said Canter was driving rashly and negligently; and that the passengers traveling on the said Canter repeatedly asked the said Driver of the Canter to drive at a slow speed but the said Driver continued to drive the said Canter rashly and negligently; and that on account of rash and negligent driving by the Driver of the said Canter, the Canter overturned beyond Satrapur crossing, as a result of which the said Satya Prakash was crushed under the said Canter, and he died on the spot; and that the said Satya Prakash was carrying clothes worth Rs. 50,000/- for selling the same in Nanau Paith, and the said clothes were lost after the accident; and that the said Satya Prakash used to earn Rs. 6,000/- per month; and that the owner of the said Canter was Raj Kumar Sharma (i.e. the Respondent No. 4 herein) while the insurer of the said Canter was the Appellant-Insurance Company.

(3.) The said Canter has hereinafter also been referred to as "the vehicle in question".