GUDIYA Vs. GOVIND SHARMA

JUDGEMENT

(1.) This appeal under section 173 (1) of the Motor Vehicles Act, 1988 is preferred by the appellants-claimants for enhancement of compensation, being aggrieved by award dated 21.3.2013 passed by the IX Additional Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 32 of 2012, whereby the Claims Tribunal has awarded a sum of Rs. 6,60,000 in all towards compensation for the death of deceased Narendra Singh to the appellants and respondent Nos. 1 and 2 (driver and owner) of the offending vehicle were fastened with the liability to pay Rs. 6,60,000 jointly and severally to the claimants with 7 per cent interest.

(2.) Precisely stated, facts of the case are that on 11.12.2011 husband of appellant No. 1-Narendra Singh while driving vehicle Eicher truck (Gwalior to Jhansi) met with an accident at Billowa wherein the offending vehicle coming rashly and negligently caused accident while coming to the wrong side of the road in which driver succumbed to the injuries received and died on the spot.

(3.) Claim application was preferred by the claimants under section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') seeking compensation. The Claims Tribunal found that the deceased sustained injuries because of rash and negligent act of the offending vehicle and rejected the theory of contributory negligence and awarded Rs. 6,60,000 as compensation to the claimants along with 7 per cent interest although accepted the submission of the insurance company regarding liability because the offending vehicle breached the policy condition because of non-possession of permit in the name of owner of vehicle-Indrapal Singh Sikarwar. Therefore, this appeal has been preferred for enhancement of the amount of compensation as well as seeking direction for the insurance company to adopt pay and recover approach.