HAUSILA PRASAD Vs. RAM CHANDER YADAV

JUDGEMENT

(1.) Both the appeals are the cross appeals filed by the claimant-appellants as well as by the vehicle owner under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 24.08.2006, passed by the Motor Accident Claims Tribunal Faizabad in Claim Petition No. 5 of 2001 (Hausila Prasad and others vs. Ram Chander Yadav and another), whereby compensation of Rs.1,80,000/- was awarded against the owner of the vehicle.

(2.) The brief facts of the case are that on 17.12.2000 at about 4.00pm, the deceased Indrawati Devi wife of the claimant was going with her husband from Khalihan to his House. When they reached on the main road, a Jeep bearing number UP 42-C/5454 hit them. The driver of the Jeep was driving the vehicle very rashly and negligently, which resulted Smt. Indrawati succumbed to injuries. The driver of the Jeep was detained by the crowd but when the claimant returned from the Police Station after lodging necessary FIR, by that time the driver had slipped away. The Jeep was not insured. The claimant i.e. husband of deceased Indrawati, has filed a Claim Petition before the Tribunal, who has awarded the compensation of Rs.1,80,000/- against the owner of the vehicle, as Jeep in question was not insured.

(3.) Not being satisfied with the award, both the parties i.e. the claimants-appellant as well as the owner of the vehicle have filed the present appeals.