PRAVEEN RAWAT Vs. ANUROOP SINGH

JUDGEMENT

(1.) This appeal has been preferred by the claimants-appellants against the judgment and award dtd. 12/9/2007 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No.3, District Ghaziabad in Motor Accident Claim Petition No.232 of 2005 (Smt. Praveen Rawat and Others Vs. Anuroop Singh and another), whereby the learned Tribunal has denied the compensation for the death of Dinesh Kumar Singh Rawat in a road accident, holding the accident to be the result of 'Act of God', and awarded only Rs.50,000.00 for no fault liability.

(2.) The claimants-appellants have preferred this appeal for enhancement of quantum of compensation.

(3.) The brief facts of the case are that claimants-appellants filed a Motor Accident Claim Petition before the Tribunal for seeking the compensation under Motor Vehicles Act, 1988 for the death of Dinesh Kumar Singh Rawat (deceased) in a road accident with the averments that on 28/12/2004 at about 7:00 PM the deceased was traveling from Lucknow to Lakhimpurkhiri in car bearing no. U.P. 32 X 3366. The driver of the car was driving the vehicle very rashly and negligenlty and at a very high speed, all of sudden, a blue bull (Neelgay) came on the way. The driver tried to save the blue bull and in that process dashed the car into the tree. After dashing into the tree, the car overturned. In this accident, the deceased sustained serious injuries and died on way to the hospital for treatment.