JUDGMENT :

V. G. Bisht, J.

1. Heard learned counsel for the parties.

2. Rule. Rule made returnable forthwith. By consent of the learned counsel for the parties, appeal is taken up for final hearing.

3. This Appeal and Cross Objection arises from the judgment and order of the learned Member, Motor Accidents Claims Tribunal, Pune passed in M.A.C.P. No.247/2004 on 13.06.2014.

4. The brief facts of the case are that the applicants are parents of deceased Shreyans Udaybabu Shah. The deceased was required to attend urgent supervision on his working site at Dharchula, State of Uttaranchal. He was at Delhi at such time. The deceased requested his friend Tejwir Singh of New Delhi to provide a car with Chauffeur, who accordingly arranged a Tata Indica car bearing registration No. DL 5 CB 5279.

5. On 23.02.2013 at about 4.30 a.m. at Gram Talli Gwadi, Ban-Kot Town road, the driver of the car i.e. opponent No.1 in a negligent manner took a wrong turn on left side instead of taking turn to the right side to Pithoragarh. Because of that the car got turtled and opponent driver thrown out the car but