- (1.) RAJESH Tandon, J. 1. This Appeal is against the Award dated 5-2-2003, passed by the Motor Accident Claims Tribunal, Pithoragarh, awarding a sum of Rs. 4,15,000/- to the claimants.
(2.) THE claimants Smt. Nanda Devi and her minor son preferred a claim pe tition under section 166 of the Motor Vehicles Act, for the grant of compen sation on account of the death of Sri Padam Singh Dhami in a motor vehicle accident. According to the claimants on the fateful day on 4-8-1999, the de ceased was travelling by the Jeep No. UP 03/2273 and was going to Dharchula. At about 1. 00 PM at Baluwakot Bus No. UP 02-B/1735, which was coming from opposite direction and was being driven by its driver rashly and negligently, dashed the jeep. As a result of said ac cident Padam Singh sustained fatal in juries and he succumbed to the injuries instantaneously. According to the claim ants the deceased was earning Rs. 4. 500/- per month and he was giving Rs. 3,ooo/- per month to the claimants for family expenses. THE claimants have claimed compensation of Rs. Ten lakhs. The owner of the Jeep, Smt. Uma Devi in her written statement has submitted that the accident did not take place due to rash and negligent driving of the Jeep but the accident had taken place due to the rash and negligent driv ing by the Bus Driver. The insurer of the Jeep, namely the New India Assurance Company has filed written statement and has submit ted that as the accident took place due to rash and negligent driving by the Bus Driver, the appellant U. P. S. R. T. C. is li able to pay compensation to the claim ants.
(3.) APPELLANT U. P. Road Transport Corporation in its written statement has expressed ignorance about the accident. The appellant has denied that Bus No. UP 03/2273 was involved in the acci dent. In order to prove their case, the claimants have examined claimant P. W. 1, Smt. Nanda Devi and P. W. 2 Sri Dan Singh and filed documentary evi dence which consists copy of F. I. R. , Post mortem report, certificate issued by Gaon Vikas Samiti and certificate issued by Malikarjun Sewa Samiti. The oppo site party appellant examined D. W. I Uttam Singh, Driver and D. W. 2 Bhagwan Singh, Conductor. The owner of the Jeep Smt. Uma Joshi has exam ined herself as D. W. 3.;