- (1.) RAJESH Tandon, J. Heard Sri M. C. Kandpal. Sr. Advocate Counsel for the appellant and Sri K. K. Sah and Sri B. D. Upadhyay Counsel for the respondents.
(2.) THE present appeal has been filed against the judgment and award dated 31st July, 1998 passed by the Motor Accident Claims Tribunal, Almora. The claimants preferred a claim petition under Section 166 of the Motor Vehicles Act, for the grant of compensation on account of the death of Sri Abdul Sattar in a motor vehicle accident. According to the claimants on the fateful day on 16th June, 1992 the deceased was travelling by taxi Jeep No. UP 01- 0591. An accident had taken place in between Gania Deoli and Tarikhet at about 10. 00 a. m. The deceased sustained injuries when the jeep fell down in the valley. He was admitted in the Civil Hospital Ranikhet, where he died on 16th August, 1992 at 7. 45 p. m. According to the claimants at the time of accident the deceased was working as Kabari and was earning Rs. 1,000/- per month. The claimants have claimed Rs. 3,00,000/- as compensation. The respondent No. 1 filed written statement and submitted that at the time of accident he was being driven cautiously at a moderate speed. The accident took place due to mechanical defect in the vehicle and compensation claimed is excessive.
(3.) RESPONDENT No. 2 the National Insurance Company has denied the allegations made in the claim petition. The respondent No. 2 has alleged that the owner of the bus has violated the terms and conditions of the insurance policy as such the Insurance Company is not liable to pay compensation to the claimants. The claimants examined P. W. 1 Kanij Begum and P. W. 2 Abdul Parvej. The respondents have examined Vinod Kumar as D. W. 1. Than Singh Bisht as D. W. 2 and Harish Chandra Padalia as D. W. 3. The claimants filed post-mortem report, death certificate, copy of F. I. R. The opposite parties have filed insurance cover note, registration certificate of the vehicle etc.;