RAM SUJAN TIWARI Vs. SITA GUPTA

JUDGEMENT

(1.) This appeal has been preferred being aggrieved by the award dated 17.3.2003, passed by the Additional Motor Accidents Claims Tribunal, Umariya in Claim Case No. 7 of 2001, whereby the claim petition filed by the respondent Nos. 1 to 6 under Section 166 of Motor Vehicles Act has been partly allowed directing the appellant and respondent No. 7 to pay the compensation of Rs. 1,99,000 with interest at the rate of 7 per cent to be awarded to the respondent Nos. 1 to 6 for the death of Shrawan Kumar Gupta caused in the motor accident.

(2.) THE facts of the case in short are that on 7.12.2000 Shrawan Kumar Gupta was travelling in jeep No. MP 18 -T 0289 and going to Manpur. This jeep was being driven by respondent No. 7 rashly and negligently met with an accident near village Paljha resulting in the death of Shrawan Kumar Gupta. This vehicle was owned by appellant and insured with respondent No. 8. The report was lodged at the concerned police station wherein the offence was registered. It is averred that Shrawan Kumar Gupta was aged 30 years. He was running cycle shop, doing the agriculture and earning Rs. 4,000 per month. The claimants have suffered a great loss on account of death of Shrawan Kumar Gupta, therefore, they filed the claim petition for compensation of Rs. 10,00,000 with interest to be paid by the respondents for the death of Shrawan Kumar Gupta caused in the motor accident.

(3.) APPELLANT also submitted the written statement controverting the allegations of the claim application mainly contending that on 5.12.2000 the vehicle was sent for servicing to Satna and the vehicle was returning therefrom. The driver was having valid and effective driving licence. Therefore, he is not liable to pay compensation.