OMPAL SINGH SHARMA Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This appeal has been preferred by the claimants-appellants against the judgment and award dtd. 30/9/2013 passed by learned Motor Accident Claims Tribunal/ District Judge, District Bijnor in Motor Accident Claim Petition No.43 of 2012 (Ompal Singh Sharma and others Vs National Insurance Company Ltd. and others ), whereby the learned Tribunal has denied the compensation for the death of Prince Sharma in a road accident, holding the accident to be the result of Act of God, and awarded Rs.50,000.00 under no fault liability under Sec. 140 of Motor Vehicles Act, 1988 ( hereinafter referred to as 'Act, 1988').

(2.) The claimants-appellants have preferred this appeal for grant of quantum of compensation under Sec. 166 of Act, 1988.

(3.) The brief facts of the case are that claimants-appellants filed a Motor Accident Claim Petition before the Tribunal for seeking compensation under Motor Vehicles Act, 1988 for the death of Prince Sharma (deceased) who lost his life in a road accident. As per averments made in claim petition, on 30/7/2011, the deceased Prince Sharma was traveling in a Wagon-R Car No. U.P.-21 S-1101 with Mohd. Arif Jameel, Assistant Excise Commissioner, Bijnor, after performing their duties from Bijnor to Moradabad. The car was driven by driver- Jameel Ahmad- respondent no. 3. At about 2:30 p.m., when the car reached a little ahead of Gol Bag Tiraha within the jurisdiction of Police Station, Haldaur, suddenly a wild animal Maha ( Blue bull / Neelgay), came in front of car, the driver of Car had lost his control over the Car and dashed against the tree and fell down in a ditch. In this accident, Prince Sharma and Mohd. Jameel Ahmad sustained serious injuries and Prince Sharma ( deceased) died on the spot.