Saral Srivastava - (1.) Heard Sri Ravi Agarwal, learned counsel for the appellants and Sri Rajeev Chaddha, and Sri N.K. Srivastava, learned cousnel for the respondent.
(2.) The present appeal has been preferred by the claimants-appellants against the judgment dated 12.9.2006 passed by the Motor Accident Claims Tribunal /Additional District Judge, Court No. 4, Meerut, whereby the Tribunal has dismissed the claim petition of the claimants-appellants.
(3.) The appellants instituted a claim petition under Section 163-A of the Motor Vehicles Act, 1988 praying for a compensation of Rs.11,00,000/- for the death of one Shiv Kumar. It is stated that Shiv Kumar was owner-cum-driver of vehicle Mahindra Jeep bearing registration No. U.P. 12H 3941 (herein after referred as "Jeep") and while he was driving the jeep on 22.6.2004 at about 11 A.M., a cow suddenly came in front of jeep and in order to save the cow, the jeep collided with a tree. As a result of the said accident Shiv Kumar suffered injuries and died. It was further stated that deceased was aged about 26 years and was earning about Rs.5,000/- per month.;