USHA RATHORE Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) CLAIMANTS/appellants being aggrieved with the award dt. 20-9-2001 passed by the IIIrd Additional Motor Accident Claims tribunal Gwalior in Claim Case No. 56/2001 vide award dated 20-9-2001, have filed this appeal under section 173 of the Motor Vehicles Act, 1988 (in short the act of 1988) for enhancement of compensation.

(2.) BRIEF facts giving rise to this appeal are that on 2-7-2000 in the night deceased Vishnudatta Rathore, who was driving jeep M. P. No. 07 H 2719 and coming from Moina to Gwalior. It was alleged that he was driving the vehicle rashly and negligently. He brought the jeep on the wrong side and dashed the unknown truck. The case of the appellants/claimants was that some other person was driving the vehicle and the deceased was travelling in the jeep as a passenger but in the FIR this fact has been mentioned that the deceased himself was driving the vehicle, though neither the claimants nor the Insurance Company have cleared this fact. The jeep was registered in the name of one Biharilal, who is the brother of the deceased.

(3.) CLAIMANTS/appellants, those who are the widow, sons and daughters of the deceased including the parents have filed the claim petition under section 163-A of the Act of 1988 for claiming compensation.