PREM CHAND Vs. PARVEEN KUMAR

JUDGEMENT

(1.) THIS is an appeal filed by the appellants under Section 173 of the Motor Vehicles Act, hereinafter referred to as ˜the Act, against the award passed by the learned Motor Accident Claims Tribunal Una, dated 29.8.2005, whereby the claim petition filed by the petitioners (present appellants) was partly allowed.

(2.) BRIEFLY stated the facts of the case are that the petitioners filed a claim petition under Section 166 of the Act for the grant of compensation in regard to the death of Ram Asra, their brother, aged about 65 years.

(3.) RESPONDENTS No.1 and 2, who were the registered owners of the bus in question denied the allegations of rashness or negligence and they pleaded that the accident took place due to the damaged retaining wall which gave way. Respondent No.3 also i.e. the Insurance Company also denied the allegations.