COMMANDANT SPECIAL POLICE UTTARAKHAND Vs. HAMIDAN

JUDGEMENT

(1.) This is an appeal filed by the appellant against the award dated 30.04.2012 passed by the Motor Accident Claims Tribunal, Dehradun in MACP No. 64 of 2003, whereby a compensation of Rs.5,00,000/- (Rupees Five Lakh only) has been awarded to the claimants and the appellant has been directed to pay fifty per cent of the amount to the claimants.

(2.) Brief facts of the case are that on 09.10.2001 Irfan Ali (deceased) was going to Nehrugram from Reethamandi on his motorcycle, bearing registration no. UP07L-7899. When Irfan Ali reached Mandakini Hotel on Haridwar Road, a truck bearing registration no. UP07-4575 which was being driven rashly and negligently by its driver hit the motorcycle of Irfan Ali from the opposite side and thereafter another P.A.C. Truck bearing registration no. URU- 5474 also hit the motorcycle of Irfan Ali from behind. As a result of this accident, the deceased sustained grievous injuries and ultimately died.

(3.) A claim petition was filed by the claimants claiming the compensation on account of death of Irfan Ali in the motor accident. It was stated in the claim petition that the deceased was a healthy person and used to earn Rs.8,000/- (Rupees Eight Thousand only) per month. Due to sudden death of Irfan Ali, they have suffered mental, physical and monetary loss.