- (1.) HEARD Sri Arvind Vashisth, counsel for the appellant and Shri Pankaj Purohit, counsel for the respondent.
(2.) THIS is owner's appeal. By the present appeal, filed un der Section 173 of Motor Vehicles Act, 1988, the appellant has prayed for en hancement of compensational amount awarded by the judgment and award dated 11-8-2005 passed by the Motor Accident claims Tribunal, Tehri Garhwal, in M. A. C. P. No. 33 of 2001. Briefly stated a motor accident claim petition no. 33 of 2001 was filed under Sections 140 and 166 of Motor Vehicles Act for compensation on ac count of injuries sustained by the claim ant Kumari Kalawati. According to the claimant, on 3-2-2001, the claimant was returning to her home by Com mander Jeep No. U. P 08-6126. Sud denly, the aforesaid Jeep fell down into the ditch due to rash and negligent driv ing by its driver. As a result of the same, Kr. Deepa, Kr. Rajni and Sanjay Dangwal died on spot and the claimant sustained injuries. She was taken to Base Hospital, Srikot and thereafter re ferred to Dehradun. She has spent a sum of Rs. l,10,000/-towards medical ex penses. It has been stated that the op posite party no. 1 Bijendra Singh is the registered owner of the Jeep and the said Jeep was insured with the United India Insurance Company Limited. The claim ant has suffered mental and physical agony. A sum of Rs. 4,00,000/- has been claimed towards compensation.
(3.) A written statement has been filed on behalf of the owner of the Jeep in question wherein the alleged accident has been admitted. It has been submit ted that the accident had not taken place due to rash and negligent driving of the driver. The Jeep was insured with the United India Insurance Company Limited for all the liabilities. All the papers relating to the Jeep were in or der and the driver was having a valid driving license. The United Insurance Company has filed the written statement and has submitted that the Jeep was carrying more passengers than its capacity. The driver of the Jeep has not been impleaded as the party. The insurance company is not liable to indemnify the compensation.;