RASHMA BAI Vs. DARSHANLAL

JUDGEMENT

(1.) This appeal is filed by the claimants under section 173 of Motor Vehicles Act challenging the award dated 13.7.1999 passed by the Motor Accidents Claims Tribunal, Gohad, District Bhind, in Claim Case No. 14 of 1995.

(2.) The brief facts of the case are that the claimants have filed this claim petition alleging that Govind Singh, husband of claimant No. 1 and father of claimant Nos. 2 and 3 died in the motor accident on 20.3.1995. At the time of the accident he was travelling in jeep No. MP 9-A 0963. Tempo No. MP 06-9994 which was coming from opposite side dashed against the jeep which has resulted in the accident. According to the claimants both jeep as well as Tempo were driven rashly and negligently by the drivers which has resulted in the accident in which Govind Singh died. The Tribunal after recording the evidence and appreciating the same has passed the award of Rs. 1,24,388 in favour of the present appellants with interest at the rate of 12 per cent per annum. At the time of passing of award the Tribunal exonerated Oriental Insurance Co. Ltd., the respondent No. 4, from its liability. Tempo was not insured. Hence, the owner and driver of the said vehicle were also held jointly responsible for the said accident.

(3.) The contention raised by the counsel for the appellants is that the insurance company, respondent No. 4, is wrongly exonerated by the Claims Tribunal and amount of compensation is also on the lower side.