URMILA DEVI Vs. VIJAY SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 30.9.2004 passed by the 7th Addl. District Judge cum Motor Accident Claims Tribunal, Sasaram, Rohtas, in M.V. Case No. 44/ 2001 whereby he has held that the appellant is not entitled to full compensation for the death of her son in the motor vehicle accident.

(2.) THE appellant filed an application under Section 166 of the M.V. Act alleging therein that on 25.2.2001 her son Abinash Kumar boarded Jeep No. BR -24P/1112 at Bikramganj for going to Sasaram. Other passengers also boarded the vehicle. In spite of protest made by the passengers, the driver drove the vehicle rashly and negligently as a result of which an accident occurred causing serious injuries to the passengers and Abinash Kumar died on account of the injuries sustained by him. An F.I.R. was lodged by one Tuntun Sharma at Nokha P.S. being Nokha P.S. Case No. 23/2001 regarding the accident. The case of the appellant also is that her son was a dealer in shoes and his monthly income was Rs. 6,000/ - and at the time of his death he was about 22 years of age.

(3.) THE respondent contested the claim. The owner Vijay Kumar Singh and the driver in their written statement averred that the driver of the jeep was not driving the vehicle rashly or negligently. On the other hand, the truck bearing registration No. BRB 0712 coming from the other side dashed the jeep causing the accident.