GULNAZ JALEEL Vs. SYED JALEEL

JUDGEMENT

(1.) APPELLANT had filed a claim petition under Section 166 of Indian Motor Vehicles Act, 1988, against the respondents and also herself, stating that, on 08. 05. 2004, first respondent being the driver of lorry bearing registration No. RJ-05-G-1181, which belonged to her, was transporting the silver wood slabs from Chikmagalur to Poona, in which her son Saleel Ahmed was a conductor and when the lorry was near Gante Kanive, at about 3:00 a. m. , had a skid on the road while allowing another vehicle coming from opposite direction to pass through and as a result, an 'accident took place on account of rash and negligent acts of the driver and the vehicle turn led down, resulting in Saleel ahmed receiving fatal injuries and succumbing to the same at the spot. It was stated that, the deceased was earning income of Rs. 4,500/- per month by way of salary and also daily data for the work and on account of death of Saleel Ahmed, loss has occasioned to her.

(2.) THE first respondent was the driver. Incidentally, he is the husband of the appellant. He filed statement of objections to the claim petition, wherein, it was stated that, the averments made in column No. 22 of the claim petition are incorrect and false and that the belated claim petition is for unlawful gain. However, It was also stated that, the vehicle was insured by the third respondent and if any award is passed, it can be only against the third respondent.

(3.) THE second respondent shown in the claim petition, is none other than Smt. Gulnaz Jaleel, the claimant/appellant.