SHASHI BALA Vs. PRATAP SINGH

JUDGEMENT

(1.) This is a claimants' appeal under Sec. 173 of the Motor Vehicles Act, 1988['the Act of 1988' for short] . The appellants, who are four in number, are the widow and the minor children of the late Jagdish Prasad, the victim of a fatal motor accident. The appellants shall hereinafter be called the 'claimants' unless an individual or different reference is necessitated by the context. Respondent No.1 to this appeal, Pratap Singh, is the owner of the offending vehicle, a truck bearing Registration No. HR 38-E-6399. Ram Chandra is the driver (respondent No. 2 here) of the offending vehicle whereas respondent No. 3, the Divisional Manager, National Insurance Company Ltd., Samad Road, Aligarh, are the insurers. Respondent Nos. 1, 2 and 3 shall hereinafter be referred to as the driver, the owner and the insurers in that order.

(2.) The facts giving rise to this appeal are these :

(3.) The claimants, accordingly, petitioned the Tribunal praying that they may be awarded compensation in the sum of Rs.20,57,000.00.