REVTI THAKUR Vs. NATIONAL INSURANCE CO.

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act is directed against the award of the MACT(2), Mandi in Claim Petition No.94 of 1996 decided on 1.10.2001 rejecting the petition filed by the claimants / appellants.

(2.) BRIEF facts necessary for decision of the case are that the claimants / appellants filed a petition under Section 166 of the Motor Vehicles Act claiming compensation with regard to the death of one Shri Lalit. Appellants No.1 and 2 are the parents of Lalit whereas appellant No.3 is the sister of Lalit. In the claim petition it was averred that deceased Lalit was employed as a Cleaner by respondent No.2 on vehicle No.HP-31-2377. Chaman Lal, respondent No.3, was the driver of the said vehicle. On 7.6.1996 when the vehicle was on its way from Bilaspur to Chandigarh it went off the road near Gambar Bridge on account of rash and negligent driving of the driver and fell into a gorge. It was further averred that the deceased was 19 years of age and had a monthly income of Rs.4000/-.

(3.) THE approach of the tribunal to say the least shows total ignorance of the well settled principles of law relating to motor accident cases. The accident had not been denied by the respondents. Even the Insurance Company had not denied the factum of the accident. It was also an admitted fact that the vehicle had gone down the Khad.