SHYAM SUNDER Vs. IST A D J GHAZIABAD

JUDGEMENT

(1.) THIS is an appeal against the judgment and award dated 3.9.2004 passed by the Motor Accident Claims Tribunal, Champawat.

(2.) BRIEF facts giving rise to the present appeal are that appellants filed a claim petition before the Motor Accident Claims Tribunal, Champawat, for grant of compensation on account of the death of Khim Ram in a motor vehicle accident on 8.11.2002 near village Gallagaon on Barakot -Lohaghat motor road. The appellants petitioners submitted that Khim Ram boarded vehicle No. UA 03 -1106 at Barakot for going to Lohaghat. The vehicle was being driven rashly and negligently due to which it met with accident near Gallagaon, Khim Ram sustained fatal injuries in the accident and he succumbed at the spot. The deceased was employed in P.W.D. Lohaghat as Gangman and was getting Rs. 5,000 per month as salary.

(3.) ON the pleadings of the parties, as many as five issues were framed by the Claims Tribunal. Issue No. 1 was with regard to the rash and negligent driving by the driver of the vehicle and it was held that the accident had taken place due to rash and negligent driving by the driver of the jeep. Issue No. 2 was framed regarding valid driving licence and issue No. 3 was framed regarding valid insurance of the jeep that met with accident and both these issues were answered in affirmative and it was held that the driver of the jeep had valid driving licence and the jeep was insured with the respondent No. 2. Issue No. 4 was framed regarding the amount of compensation and issue No. 5 was with regard to violation of terms and conditions of the insurance policy. The Claims Tribunal has held that terms and conditions of the insurance policy were not flouted. For calculating the amount of compensation the Claims Tribunal had taken the basic pay of the deceased and after multiplying the annual loss with 16 awarded a sum of Rs. 3,87,840 as compensation. Further an amount of Rs. 2,000 was granted for funeral expenses and Rs. 5,000 were granted for loss of love and affection and loss of consortium. Thus, the Claims Tribunal awarded a total sum of Rs. 3,94,840 as compensation to the claimants. Feeling aggrieved the present appeal has been filed by the claimants.