OM PRAKASH GOYAL Vs. MEENA MATHUR

JUDGEMENT

(1.) THE appellant, Om Prakash Goyal, the owner of the offending vehicle, is aggrieved by the award dated 02.01.2013 passed by the Motor Accident Claims Tribunal and Additional District Judge, No.14, Jaipur Metropolitan, whereby while granting a compensation of Rs.4,23,000/ - in favour of the claimants -respondents no. 1 and 2, the learned Tribunal has absolved the Insurance Company.

(2.) BRIEFLY , the facts of the case are that on 07.04.2008, Miss Monika Mathur and her colleagues from Chirag Inernational were travelling in Safari Jeep bearing Registration No. RJ -14 -U -3506. The said jeep was driven by Surendra Singh, and was owned by the present appellant. They were travelling from Jaipur to Ajmer in order to pray at the shrine of Mohammad Chishti. While they were returning, Surendra Singh, the driver, drove the jeep rashly and negligently. Near the Reliance Petrol Pump situated on National Highway No.8, Jaipur, Madanganj Byepass Road, one of the back tyres burst and the Safari jeep turned turtle twice or thrice. It went off the road into the Kachcha area. Unfortunately, Miss Monika Mathur came under the jeep. She sustained grievous injuries; subsequently, she expired. Her mother and her sister filed a claim petition before the Tribunal. In order to substantiate their case, they examined a single witness and submitted seventeen documents.

(3.) MR . G.C. Garg, the learned counsel for the appellant, has raised the following contentions before this Court: -