- (1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 173 of the Motor Vehicles Act, 1988, by the claimants, is directed against the judgment and award dated 08-09-2000 in Motor Accident Claim Case No. 41 of 1999, passed by learned M. A. C. T. / District Judge, Chamoli, whereby a sum of Rs. 59,500/- has been awarded as amount com pensation to the claimants.
(2.) BRIEF facts of the case are that on 05-0/-1999, Nandan Singh (de ceased) was travelling in jeep bearing registration No. U. P 07 J / 0833 on his way from Pauri Garhwal to Chamoli. It is alleged in the claim petition, that due to rash and negligent driving on the part of the driver of the jeep, at about 2;00 P. M. , an accident took place in which Nandan Singh died. At the time of his death Nandan Singh was work ing as peon in the office of District Audit Officer, Cooperative Societies, Chamoli, and his salary was Rs. 4,480/ - per month. Claimants - appellant Pap. Wati Devi is the widow of the de ceased, and claimants Vikram Singh and Laxmi are his children. After the death of Nandan Singh, aforesaid claimants filed a claim petition before the Motor Accident Claims Tribunal, Chamoli, claiming Rs. 10,00,000/- as amount of compensation. The driver of the vehicle in question, Harish Singh, while contest ing the claim petition has admitted the accident but pleaded that he was nei ther rash nor negligent in driving the vehicle. It is alleged by him that on a bend of the hilly road, a cow suddenly came in front of the vehicle, which caused the accident. The owner of the vehicle in question, Manvendra Singh, respondent, in his written statement also pleaded that the driver was not at fault. It is further pleaded by the owner that the vehicle was insured, at the time -of the accident, with the Oriental In surance Company. The Oriental Insur ance Company contested the claim and pleaded that the deceased was not a valid passenger nor the vehicle was being plied, at the time of the accident, with proper documents. The Motor Accident Claims Tri bunal framed following issues in the matter : 1. Whether, Nandan Singh died in an accident on 05-0/-1999 on Pauri - Sri Nagar road while travelling in vehicle registration No. U. P 07 J / 0388 and was the vehicle being driven rashly and negligently by its driver as al leged in the claim petition ? 2. Whether, the vehicle was insured with the Oriental Insurance Company and was the driver driving the vehicle with valid driving license, registration cer tificate and the permit ? 3. To what amount of compensa tion, if any, the claimants are en titled and from whom ? 4. Whether, the accident has taken place in the manner alleged in para 2 of the written statement of respondent No. 2?
(3.) AFTER recording the evidence and hearing the parties, the Tribunal found that the vehicle was insured with the Oriental Insurance Company. It further found that the vehicle was being driven with all the valid papers including reg istration certificate, fitness certificate, driving license etc. Issue No. 1 was de cided by the Tribunal with the finding that Nandan Singh did die in the acci dent on 05-0/-1999 while travelling in jeep bearing registration No. U. P07 J / 0833 on his way from Pauri to Sri Nagar, but it found that the driver was not at fault as he was not rash and neg ligent in driving the vehicle. For that reason, the Tribunal awarded a com pensation of Rs. 50,000/- only as a no fault liability. A further sum of Rs. 5,000/- was awarded on account of loss of consortium to the claimants and Rs. 2,500/- was also awarded on account of loss of estate. We heard learned counsel for the parties and perused the records.;