DISTRICT ELECTION OFFICER Vs. KAILASHI DEVI

JUDGEMENT

(1.) The instant appeal under Sec. 173 of the Motor Vehicles Act, 1988 (afterwards referred as 'Act of 1988') has been filed by the appellant against the judgment and award dtd. 18/10/2010 passed by the Motor Accident Claims Tribunal, Sawai Madhopur (afterwards referred as 'Tribunal') in MAC Case No.46/2009, whereby, the Tribunal while allowing the claim petition awarded a sum of Rs.3,37,000.00 as compensation alongwith interest @ 6% per annum in favour of complainants and while fastening the liability to pay the compensation upon the appellant - District Election Officer exonerated the Insurance Company to pay the compensation.

(2.) Brief facts of the case are that on 5/12/2008 at about 05:00 PM deceased Giriraj Bairwa, after doing mechanical (mistri) work he was going to his village, when he reached opposite Police Line Jail, Dausa Road, Bajariya, Sawai Madhopur a Marshal Jeep bearing registration No. RJ29/T 0211, being driven rashly and negligently by its driver respondent No. 1, hit the deceased, as a result of which, he sustained injuries and became unconscious. The deceased while taking to the hospital succumbed to the injuries.

(3.) In pursuance of the said accident, an FIR was lodged at Police Station Mantown, Sawai Madhopur against respondent No.1 - driver of the erring vehicle and the police after investigation filed challan against respondent No.1.