By way of this appeal under Section 173 of Motor Vehicles Act, 1988, the appellants-claimants have challenged the judgment and award dated 05.08.2006 passed by Motor Accident Claims Tribunal/District Judge, Tehri Garhwal, in M.A.C.C. No. 17/2005, Smt. Pushpa Devi and another versus Smt. Sushma Joshi and another.

2. Brief facts of the case, as narrated in the claim petition, are that on 18.9.2004 claimants’ son-Suresh Singh was travelling in vehicle bearing No. U.P. 07C-0234 and on account of rash and negligent driving of driver of said vehicle, said vehicle met with an accident near Hulanakhal, in which Suresh Kumar died due to injuries sustained in the accident. The deceased was 25 years of age at the time of his death and he had been working as Patwari and was drawing a salary of Rs. 5,655/- per month.

3. Opposite party no. 1 – Smt. Sushma Devi, owner of vehicle, filed her written statement denying some of the contents of want of knowledge, but admitted the factum of accident of vehicle No. U.P. 07C-0234 on 18-9-2004. It was also been stated that his vehicle was being plied by an expert and authorized driver-Laxman Singh. The accident had taken place on account of sudden