MAHAVEER PRASAD Vs. ROSHNI DEVI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 27. 8. 97 passed by Motor Accident Claims Tribunal, Ratangarh whereby the Tribunal awarded compensation of Rs. 6,08,000/- in favour of respondent claimants No. 1 to 4 (for short `the claimants' hereinafter) and against the appellant. Respondent No. 5 National Insurance Company Ltd. , insurer of the vehicle involved in the accident was exonerated from the liability and the claim filed against the Insurance Company was dismissed. Aggrieved by the judgment and award impugned, the appellant owner of jeep No. RJ 23/g 0312 filed this appeal.

(2.) BRIEFLY stated facts to the extent they are relevant and necessary for decision of this appeal are that on 10. 10. 93 at about 2. 00 PM Prathvi Ram was travelling in a Jeep bearing number RJ 23/g 0312 from Sikar to Ratangarh on National Highway No. 11. The said jeep was owned and driven by the appellant Mahaveer Prasad at a great speed, rashly and negligently. Due to rash and negligent driving of the jeep, the said jeep went off the road and dashed against the mile stone on the road side and turned turtle. The occupants of the jeep including Prathvi Ram sustained severe injuries and Prathvi Ram succumbed to the injuries instantaneously. Legal representatives of the deceased Prathvi Ram filed a claim petition before the Tribunal claiming compensation for a sum of Rs. 12,98,416/ -.

(3.) I have heard learned counsel for the parties. Perused the judgment and award impugned and have carefully gone through the record of the Tribunal.