NASEEM Vs. ISHRAR

JUDGEMENT

(1.) Its a claimants' Appeal from Order, under Sec. 173 of the Motor Vehicles Act, praying for an enhancement of the compensation, as it has been made determined to make payable by the learned Motor Accident Claim Tribunal/District Judge, Udham Singh Nagar, in its award of 12/3/2012, which has been rendered in MACP Case No. 228 of 2009, Smt. Naseem and others Vs. Ishrar and others.

(2.) Few facts of the case, as it was subject matter of consideration before the Court below was, that an ill-fated accident had chanced on 5/7/2009, whereby, the bullock cart, which was being ridden by the deceased Yamin, met with an accident, when it was hit from behind by a Tractor Trolley, bearing registration No. UA-06C-4109, due to which, on account of the impact of the collusion between the tractor trolley and the bullock cart, Yamin had met with the sad demise, for which, a Claim Petition was instituted by the claimants by invoking the provisions contained under Sec. 140/166 of the Motor Vehicles Act.

(3.) The learned Motor Accident Claim Tribunal, after appreciating the rival contentions, and particularly, the admitted fact pertaining to the income, which was accruing to the deceased Yamin, it was a case of the claimants themselves, that Yamin used to earn about Rs.6,000.00 per month, and according to their version, in their pleadings, his age on the date of accident was 35 years, and hence, based upon the aforesaid accrual of income of the deceased, they assessed their claim to be payable to the tune of Rs.12.00 lacs.