GAYA PRASAD PANDEY Vs. YATINDRA KUMAR CHATURVEDI

JUDGEMENT

(1.) THIS appeal has been preferred by the claimants for the enhancement of the award under Section 173 of the Motor Vehicles Act, 1988 (in short 'the Act') being dissatisfied by the amount of award passed by IInd Motor Accident Claims Tribunal, Rewa (hereinafter referred to as 'the Tribunal') in Claim Case No. 12/99.

(2.) IN brief the case of appellants/claimants is that on 5-1-1999 their son Satyanarayan (hereinafter referred to as 'the deceased') having age of 12 years, was going to the school (as he was the student of class VIth) in the jeep. The deceased and his friends requested the driver to stop the jeep and when the deceased was alighting from the jeep, at that juncture the driver, all of a sudden started and drove the jeep in negligent manner, as a result of which the deceased fell down on the road and sustained injuries. He was carried to Medical College at Rewa, however, on the way, he breathed his last.

(3.) THE owner and driver filed their joint written statement and the insurer filed its separate written statement, refuting the claim of the claimants. The owner and driver in their written statement denied the factum of accident by the jeep bearing No. M.P.-17A/3670.