Rajnish Kumar,J. - (1.) Heard, Shri Deepak Kumar, learned counsel for the appellant and Shri U.P.S. Kushwaha, learned counsel for the respondent no.1 New India Assurance Company Ltd.
(2.) The instant appeal has been filed for modification of the judgment and award dated 17.02.2005 passed in claim petition no. 35 of 1988; Smt. Pramila Chopra and others v. New India Assurance Company Ltd. and others by Motor Accident Claims Tribunal,/Additional District Judge, Court no. 1, Lucknow by means of which the claim petition has been partly allowed and enhancement of the amount of compensation.
(3.) The brief facts of the case for adjudication of the present appeal are that on 18.06.1988 deceased Madan Chopra was coming from Bareilly to Kanpur by Jeep no. UMF-6695. When he reached near village Dinmayapur Vivku at about 08:30 A.M. within the circle of Police Station Shahabad, district Hardoi, a Matador no. DBL-6897 coming from the opposite side, driven by it's driver rashly and negligently, dashed the jeep of the deceased. The Madan Chopra, died on the spot on account of injuries sustained by him in the accident. The deceased was travelling as a passenger in the jeep. The jeep was being plied on a normal speed. The entire responsibility of the accident rests on the owner and the driver of the matador. The owner of the matador no.DBL-6897 is responsible vicariously along with the driver of the matador, and liable to pay compensation to the respondents/petitioners who are wife, son and daughter of the deceased. With the aforesaid the claim petition was filed claiming compensation.;