KRISHNA KUMARI GUPTA Vs. GUR BUXEESH SINGH

JUDGEMENT

(1.) This is an appeal by the claimants. The Motor Accidents Claims Tribunal, Dehradun, allowed the petition of the claimants under S.110-A of the Motor Vehicles Act, 1939, partly and awarded a sum of Rs. 30,000/- as compensation. The claimants had valued their claim petition at Rs. 1,00,000/- They have now prayed for a further sum of Rs. 70,000/- in this appeal.

(2.) . Sri Vinod Kumar Gupta, an employee in Controller of Defence Accounts office, was going to his office on the 24th April, 1975. He was on Rajpur Road at about 1.45 P. M. when a Car No. PMT 4886 coming from the opposite side knocked him down. He died on the spot. The claimants are Smt. Krishna Kumari, mother of the deceased, Smt. Meena Rani Gupta, widow of the deceased and Km. Bittoo aged about 4 years (in 1977) a daughter of the deceased.

(3.) There are four respondents viz, Gur Baxeesh Singh, Sardarni Kripal Kaur, who were arrayed as the owners, Har Charan Singh, the driver of the Car and M/s. National Insurance Co. as the Insurer. Although they filed separate written statements, their version of the accident was the same. According to them the Car was coming down but the road side had been dug for laying pipe line and there was a crowd of people on the road and meanwhile a cow came in front of the Car which the driver tried to avoid with the result that the autocycle which was being driven by Sri Vinod Kumar Gupta struck against the Car and the accident was caused. According to them the deceased was driving the autocycle rashly. The Car was registered in the name of Sardarni Kirpal Kaur, but it was pleaded that she had sold it to her father Gur Baxeesh Singh. The latter has also taken the plea that the Car was driven by the driver against his instructions and as such he was not liable for the accident caused by the driver.