MATHURADEVI Vs. OM PRAKASH

JUDGEMENT

(1.) Aggrieved with inadequate compensation, awarded vide judgment dtd. 29/4/2002 rendered by Motor Accident Claims Tribunal, Rajsamand (for brevity, 'the Tribunal'), the claimants, being siblings of deceased Gautam Jain are before this Court by way of an appeal.

(2.) First of all, brief facts. On 7/1/1999, deceased Gautam Jain, Gopal along with Shobhalal, Mangilal, Chandanmal and Bothmal left their village Shivpur by a jeep No. RJ-06-C-4213 which was being driven by respondent No.1 - Om Prakash. At about 09:30 A.M. when jeep reached near Bhagana Talab, driver Om Prakash drove the jeep rashly and negligently due to which the jeep got down from road and over-turned in a pit. Due to impact of the over-turn, everyone in the jeep sustained serious injuries and Mangilal died on the spot. Later, Gautam Jain also succumbed to his injuries. On these averments, the widow, minor children of Gautam Jain and his mother filed claim petition before the Motor Accident Claims Tribunal concerned.

(3.) Respondents No. 1, 2 and 3 were arraigned as driver, owner and the insurer of offending jeep respectively. The claim petition was contested by all the respondents. All the averments contained in the claim petition were denied. They also denied liability for payment of compensation saying that the jeep was insured with insurer as a private vehicle and the deceased had travelled in the jeep as a passenger therefore, the jeep was being used for a hire and reward hence, insurance company is not liable. Additional objections regarding maintainability of the claim petition were also taken and prayed for dismissal of the claim petition.