MANGOBAI & ORS Vs. LAL SINGH & ORS

JUDGEMENT

(1.) This Misc. Appeal has been filed under Section 173 of the Motor Vehicles Act, 1998 (for brevity 'the Act') for the enhancement of compensation and for extending the liability of payment of compensation on all the respondents (Non Applicants) against the award dated 17.08.1998 passed by Ist Additional Motor Accident Claims Tribunal, Sagar in Claim Case No.145/1996 whereby learned Tribunal awarded compensation to the tune of Rs.2,79,573/- only against the owner of the offending jeep bearing registration No.MP-09-S1084 and exonerated respondent No.1 and No.2 driver and owner of the tractor bearing registration No.MP-20-H-4658 and respondent No.4 the Insurance Company of tractor and offending jeep.

(2.) It is undisputed fact that respondent No.1 was the driver and respondent No.2 was owner of the tractor bearing registration No.MP-20-H-4658 and at the time of accident tractor was insured with respondent No.4 Insurance Company and it is also admitted that respondent No.3 was owner of the jeep bearing registration No.MP-09-S-1084 in question and said jeep was insured with respondent No.4-Insurance Company.

(3.) Brief facts of the case, which are relevant for the disposal of this appeal, are that on 22.06.1996 deceased Jamuna Prasad Gupta along with other passengers was going from Deori to Sagar in the jeep in question which was being driven by Ram Gopal (who died in the accident). At about 10:00 hours in the night, when the jeep reached village Bhilainya, the tractor bearing registration No.MP-20-H-4658 came from opposite direction and dashed against the jeep, as a result of the aforesaid accident, Jamuna Prasad Gupta and some other passengers of the jeep died while rest of them sustained injuries. On that present appellants, the heirs of Jamuna Prasad Gupta filed claim case No.145/1996. Eight other claim petitions were also filed before the Tribunal regarding accident.