DAYAL SINGH OWNER Vs. JANKI DEVI

JUDGEMENT

(1.) THIS appeal has been preferred un der Section 173 of Motor Vehicles Act, 1988 (in short the Act) against the judgment and award, dated 05-09-1998 passed by Motor Accident Claims Tribunal/district Judge Chamoli (in short the Tribunal) in M. A. C. Petition No. 1 of 1994,. Smt. Janki Devi Vs. Dayal Singh and others, whereby the learned Tribunal has awarded compen sation of Rs. 1,00,000/- in favour of the claimant as against the owner and driver of the Bus No. UP-07/0838 along with interest @ 10% per annum. The claim petition against the Insurance Company was dismissed.

(2.) RELEVANT facts of the case are that Sunil Kumar, aged 16 years, a stu dent, son of the claimant, lost his life in a motor vehicle accident on 11-7-1993 at about 9-30 a. m. involving Bus No. UP 07-0838 which was being driven rashly and negligently by its driver. According to the claimant on the fateful day, Sunil Kumar was going on foot to Karanprayag market from his home. When he reached near the bend at Uma Devi temple, he was hit by the bus with the result that Sunil Kumar fell down on the road and the bus itself turned over the boy causing his instan taneous death. The bus was being driven by the cleaner and not the driver. The deceased was a student of class X. Longevity of the family of the deceased was stated to be more than 70 years. The claimant has claimed to tal compensation of Rs. 1,75,000/- on different counts for the death of the de ceased son.

(3.) THE Insurance Company con tested the petition by filing its written statement. It has denied the allegations made in the claim petition. It has fur ther pleaded that the claimant has not filed any documentary evidence in sup port of her case. THE claimant and the owner have not furnished the details of insurance policy, cover note etc. there fore the insurer does not accept the claim for compensation. It was also as serted that the insurer reserves its right to take further defence on the basis of necessary facts if disclosed during the pendency of the case by the claimant or owner.