RAKESH KUMAR Vs. RAJESH KUMAR AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the award dated 24.7.2014 rendered by the Motor Accident Claims Tribunal, Ghumarwin, District Bilaspur, Camp at Bilaspur in M.A.C. No. 07/2 of 2009.

(2.) "Key facts" necessary for the adjudication of this appeal are that respondent No.1-claimant (hereinafter referred to as the "claimant") filed a claim petition seeking compensation on account of death of Prem Lata in a road side accident on 11.5.2009 involving vehicle bearing registration No. HP-28-1995 owned by appellant Rakesh Kumar and ensured with respondent No.3-United Insurance Company Limited. Briefly stated case is that on 11.5.2009 at about 11.00 A.M., Prem Lata was going to the shop at village Bum alongwith her husband Nand Lal (now deceased) in a jeep from place Karanguhi. When they reached at place Bum, Nand Lal alighted from the jeep. When Prem Lata was getting down from the jeep, the driver started driving the jeep in a rash and negligent manner.

(3.) The petition was contested by the owner Rakesh Kumar as well as by driver Sandeep Kumar. On merits, it was contended that Prem Lata jumped from the jeep. The accident has not taken place due to rash and negligent driving of Sandeep Kumar. He was driving the jeep slowly and cautiously.