ISLAM Vs. NARENDRA JEET ARORA

JUDGEMENT

(1.) By way of this appeal, the Appellant seeks to assail the judgment and award dated 20.02.2010, passed in MACT Case No. 104/2010, whereby the Motor Accident Claims Tribunal awarded a sum of Rs. 1,93,000/- to the Appellant against the claimed amount of Rs. 15,00,000/-.

(2.) The facts pertinent for the decision of the present appeal are that on 24.06.2005 at about 9:30 p.m., Smt. Farzana (hereinafter referred to as "the deceased") was travelling in a Maruti Car from Delhi to Aligarh and when the said car reached Daurau Morh under Police Station Gabhana (Aligarh), an accident took place involving truck bearing registration No. UP 14 K 9153. A criminal case was registered vide FIR No. 119/2005 under Sections 279/338/304-A IPC with Police Station Gabhana (Aligarh). A claim petition was filed by the Appellant, who is the husband of the deceased under Sections 166 and 140 of the Motor Vehicles Act, 1988, which was subsequently converted to one under Section 163A of the said Act.

(3.) It is asserted in the claim petition that the deceased - Smt. Farzana was the wife of the Appellant and was 20 years of age at the time of the accident. It was further asserted that she was self-employed and was earning Rs. 4,500/- per month. It was stated that the nikahnama, with the photographs placed on court file, shows that the marriage of the deceased with the Appellant was solemnized on 09.06.2005, that is, only 15 days prior to the ill-fated accident.