JAGDISH PRASAD GUPTA Vs. VIMLESH SINGH

JUDGEMENT

(1.) Heard finally. Appellants-claimants have filed this appeal under section 173 of the Motor Vehicles Act against the award dated 28/9/2004 passed by the Second Additional Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 114 of 2003.

(2.) On 3/9/2003 deceased Manish Gupta had been travelling in a Matador, bearing registration No. DL 1L-E 1461 from Gohad to New Delhi along with his goods. When they reached near village Aurangabad on Mathura-Faridabad Road, Matador turned turtle due to rash and negligent driving by the driver of Matador. In the aforesaid accident Manish Gupta died on the spot. A report of the accident was lodged at the police station.

(3.) Subsequently, the claimants who are father and mother of the deceased Manish Gupta, filed a claim application before the Claims Tribunal claiming a total compensation of Rs. 31,25,000. The Claims Tribunal after appreciation of evidence on record held that the accident occurred due to rash and negligent driving by the driver of the offending vehicle. The driver had a valid driving licence at the relevant time. Matador was insured with the insurance company, respondent No. 3, hence, the insurance company, driver and owner of Matador are jointly and severally liable for payment of compensation. Considering the evidence on record the Claims Tribunal has awarded a total compensation of Rs. 1,85,000 to the claimants.