UNION OF INDIA Vs. PUSHAP RAJ SHARMA

JUDGEMENT

(1.) This is appeal against the judgment and award dated 17.02.2006 rendered by the Motor Accidents Claims Tribunal, Jammu (for short the Tribunal) in claim No. 387/2002, whereby compensation of Rs. 4,23,120/ has been awarded in favour of the respondents 1 & 2 (claimants) on account of the death of their 18 years old son due to a road traffic accident caused by Army Vehicle No.97 -D -106037 -H (for short the offending vehicle) on 20.04.2002.

(2.) Heard learned counsel for the parties and perused the record.

(3.) On 20.04.2002 deceased, Rakesh Kumar Sharma, was riding his Motorcycle. He was knocked down by the offending vehicle, which was coming from opposite direction, at a place called Kahpota. He died due to this accident. His legal representatives filed a claim under Sections 166 of the Motor Vehicles Act, 1988 (for short, the Act) in the Tribunal. Learned Tribunal on inquiry found that the accident had occurred due to negligence of the driver of the offending vehicle -appellant No. 3 and awarded compensation to the claimants. Compensation to two other claimants, who are siblings of the deceased, however, was refused.