DORI SINGH Vs. BHOORI

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 06.04.2012 passed in Motor Accident Claim Petition No. 35 of 2008 "Smt. Bhoori and another vs. Dori Singh & others" (for short "the claim petition"), by the Motor Accident Claims Tribunal/Additional District Judge/3rd Fast Track Court, Udham Singh Nagar at Rudrapur (for short "the Tribunal"). By the impugned judgment and order the claim petition of respondent nos. 1 and 2 filed under Section 163-A of the Motor Vehicles Act, 1988 (for short "the Act") has been allowed and they have been awarded a total compensation of Rs.3,90,000/- (Rupees Three Lakh Ninety Thousand only).

(2.) According to the claim petition, on 29.12.2007 when the deceased Zubeda Khatoon was going on a motorcycle along with her brother-in-law Ishrar, at about 08:30 in the morning, the motorcycle was hit by a tractor bearing registration no. U.P.-21K/6097 (for short "the offending vehicle"). Deceased was crushed beneath the offending vehicle.

(3.) The appellants who are the owners of the offending vehicle filed their objections. According to it, the accident occurred due to the rash and negligent driving of the motorcycle; on the date of the incident, the motorcycle was carrying three persons on it and in order to overtake the offending vehicle, the motorcycle hit the offending vehicle from behind. Parties adduced evidence and after hearing the parties, the claim petition was allowed and the compensation awarded by the Tribunal, as stated hereinbefore. Aggrieved by it, the appellants are in appeal.