NISHA DEVI Vs. PUSHKAR SINGH REKWAL

JUDGEMENT

(1.) RAJEEV Gupta, C. J. This is claimant's appeal for en hancement of the compensation awarded by Motor Accident Claims Tribunal / Dis trict Judge, Nainital vide Award dated 09-08-2004 passed in M. A. C. R No. 98 of 2003.

(2.) CLAIMANT Smt. Nisha Devi, unfor tunate widow of deceased Bishan Singh, claimed compensation of Rs. 10,00,0007-for his death in the motor accident, when on 13-03-2003, Marshal Jeep bearing reg istration No. UP 02-D-2915, in which he was traveling, met with an accident due to the rash and negligent driving of its driver and fell in Kosi River resulting in se rious injuries to Bishan Singh, who suc cumbed to those injuries during the course of his treatment in Base Hospital, Almora. The claimant pleaded that her husband Bishan Singh used to earn Rs. 8,000/- per month from agriculture and by selling fruits and vegetables.

(3.) THE Tribunal, on the evidence led by the parties, held that claimant's hus band Bishan Singh died on account of the injuries sustained by him in the motor ac cident on 13-03-2003; the accident oc curred due to the rash and negligent driv ing of the driver of the Jeep; and the in surer of the Jeep was liable to pay com pensation to the claimant.