SARSWATI DEVI Vs. RAM AVTAR

JUDGEMENT

(1.) THIS instant civil miscellaneous appeal is directed against the award dated July 15,1994 given by the Motor Accident Claims Tribunal, Dausa, Camp at Bandikui, thereby dismissing the Claim Petition No. 96/98 of the claimant -appellant.

(2.) THE brief facts of the case are that on August 19,1998, at about 7 p.m., the son of the appellant Mahaveer Prasad was going in Jeep No. 6778 to his village Gola Ka Bas. The said jeep was driven rashly and negligently by its driver -respondent No. 4 Girraj Prasad. The said jeep when reached near Bhairoji Ka Deora on Dausa -Santhal Road, it collided with another vehicle No. RND 1398, resulting in instantaneous death of Mahaveer Prasad and other occupants of the jeep sustained injuries. The claimant appellant further averred in the claim petition that the said accident occurred due to rash and negligent driving by both the drivers of the respective vehicles. He further averred in the claim petition that the appellant's son was aged 16 years and also claimed a sum of Rs. 3,05,000/ - as compensation from the owners, drivers and insurers of the aforesaid vehicles involved in the accident on 19.8.1988.

(3.) RESPONDENT No, 6 -the United India Insurance Company Ltd. averred that the vehicle No. RJV 6778 was insured by the United India Insurance Company. It was further alleged that the accident had taken place because of the rash and negligent driving of vehicle No. RND 1398. It was also alleged that the deceased was the fare passenger in the jeep in question, therefore, in such circumstance, the claimant appellant is not entitled to get the compensation by the Insurance Company respondent No. 6, i.e., the United India Insurance Company Ltd.